1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025 PRESENT THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL.OP(MD). No.2699 of 2025 Prakash ... Petitioner / Accused Rank Not Known Vs. The State of Tamil Nadu rep by The Inspector of Police, Suthamalli Police Station, Tirunelveli District. (Crime No.11 of 2025) ... Respondent / Complainant PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to the petitioner in Crime No.11 of 2025 on the file of the respondent police. For Petitioner : Mr.Sathyachidambaram For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Criminal Side) ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 10.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail. 1/6 https://www.mhc.tn.gov.in/judis 2 2. The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Section 303(2) of BNS, 2023, in Crime No.11 of 2025 on the file of the respondent-police. 3. The case of the prosecution is that the de facto complainant's wife used to let their four goats, worth about Rs.15,000/-, graze in the morning, and the goats would return to the house. However, on 27.12.2024, the goats did not return for a long time. On suspicion, the de facto complainant and his family members went to the place where the goats were grazing. There, they came to know that the goats had gone missing. Hence, the case. 4. Mr.Sathyachidambaram, the learned counsel for the petitioner, submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner. 5. Per contra, Mr.K.Sanjay Gandhi, the learned Government Advocate (Criminal 2/6 https://www.mhc.tn.gov.in/judis 3 Side) appearing for the respondent-police, submits that there are 2 previous cases against the petitioner, out of which, one case is similar in nature. He further submits that investigating is pending in this case and that the stolen goats are not yet recovered. Therefore, he contends that, if the petitioner is granted pre-arrest bail, there is possibility of committing similar offences in future and the stolen goats cannot be recovered. Accordingly, he prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. In view of the offence alleged against the petitioner, this Court is of the view that custodial interrogation is not necessary in this case. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. Considering the above and with a view to give one more opportunity 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 pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 3/6 https://www.mhc.tn.gov.in/judis 4 only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District. (ii) The sureties shall affix their photographs and left thumb impression in the 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 appear and sign before the respondent-police daily at 10.00 a.m. until further orders. (iv) The petitioner shall not enter into the defacto complainant's house or his work place. (v) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate. (vi) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. 4/6 https://www.mhc.tn.gov.in/judis 5 (vii) On breach of any of the aforementioned conditions, the learned Judicial 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 by him 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/- 13/02/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023. PAL TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, SUTHAMALLI POLICE STATIION, TIRUNELVELI. 5/6 https://www.mhc.tn.gov.in/judis 6 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-1643[I] dated 14/02/2025 ) ORDER IN CRL OP(MD) No.2699 of 2025 Date :13/02/2025 SS/SKN/SAR- /20/02/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6 https://www.mhc.tn.gov.in/judis