CRL OP(MD). No.2421 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.02.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.2421 of 2025 Suruliraj ... Petitioner/Accused No.5 Vs The State of Tamil Nadu, Rep by the Sub Inspector of Police, Thevaram Police Station, Thevaram, Theni District. Crime No.207 of 2024 ... Respondent/Complainant For Petitioner : Mr.R.Manickam For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.207 of 2024 on the file of the respondent- police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 05.02.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant 1/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2421 of 2025 an order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 296(b), 115(2), 288, 325 and 351(3) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3 of Explosive Substances Act, 1908 in Crime No.207 of 2024 on the file of the respondent-police. 3. The case of the prosecution is that on 23.11.2024 at about 03.30 a.m., the defacto complainant's dog died due to an explosion that was caused in the property belonging to the A1 and A2, where they had used some detonating explosives. On questioning them, they abused in filthy language. Again, on 24.11.2024, at about 08.45 p.m., the accused persons came to the defacto complainant's house and threatened him and his son with dire consequences and abused in filthy language and also attacked with hands. Hence, the case. 4. Mr.R.Manickam, learned counsel appearing for the petitioner submits that the petitioner has been falsely implicated in this case and he did not commit any offence as alleged by the prosecution. However, he submits that the petitioner is ready to abide by any condition to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioner. 5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that there are totally seven accused 2/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2421 of 2025 persons in this case. He further submits that except A5 i.e., the petitioner, all were arrested and released on bail. He submits that on the confession of A1 and A2, it came to light that they bought the explosive substances from A3 to A7. He further submits that the petitioner / A5 has one previous case, which is not similar in nature. However, he prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. Considering the fact that the occurrence took place in the month of November 2024 and considering the fact that except the petitioner, all other accused were arrested and released on bail and with a view to give one more opportunity to the petitioner to reform himself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Bodinayakkanur, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate, Bodinayakkanur. (ii) The sureties shall affix their photographs and left thumb impression in the 3/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2421 of 2025 Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall make himself available for interrogation by a police officer as and when required; (iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (v) The petitioner shall not leave India without the previous permission of the Court; (vi) Thereafter, the petitioner shall appear and sign before the respondent- Police daily at 10.00 a.m. and 05.00 p.m. until further orders; (vii) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate, Bodinayakkanur; (viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed 4/5 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.2421 of 2025 by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. sd/- 20/02/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, BODINAYAKKANUR. 2 THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT. 3 THE INSPECTOR OF POLICE, THEVARAM POLICE STATION, THEVARAM, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 cc to MR.R.MANICKAM ADVOCATE, SR NO: 1921 ORDER IN CRL OP(MD) No.2421 of 2025 Date :20/02/2025 mbi MK/SKN/05.03.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5 https://www.mhc.tn.gov.in/judis