M. Murugan Vs State, represented by The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, praying to enlarge the petitioner on bail in the event of his arrest concerned in Crime No. 136 of 2026, on the file of the Inspector of Police, J-3 Guindy Police Station, Chennai District.

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For Petitioner(s):

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For Respondent(s):

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Mr.N. Vijaya Basker

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Mr.A.Gopinath Government Advocate (Criminal Side)

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ORDER

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This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

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(BNSS), 2023, praying to grant an order of pre-arrest bail.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13231 of 2026

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The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 351(3) and 296 of BNS, 2023 (Sections 506(ii) and 294(b) of IPC) and Section 4 of the Women Harassment Act, in Crime No.136 of 2026, on the file of the respondent-police.

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The case of the prosecution is that the petitioner and the defacto complainant are neighbours. Due to land dispute, the petitioner abused the defacto complainant and his family members with filthy language and threatened with dire consequences. Hence, the case.

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Mr.N.Vijaya Basker, 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. He further submits that the petitioner 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. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

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Per contra, Mr.A.Gopinath, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that, due to land dispute, the petitioner abused the defacto complainant and his family members with filthy language and threatened with dire consequences.

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CRL OP No. 13231 of 2026

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Heard on both sides. This Court has perused the materials available on record.

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7. Considering the facts and circumstances of the case, the nature of the offences; and that the petitioner has permanent residence and deep roots in society; there is less possibility of absconding; and further considering that no one was injured in this case; and with a view to give one more opportunity to reform himself, this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:

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(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 IX Metropolitan Magistrate, Saidapet, Chennai, 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.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned IX Metropolitan Magistrate, Saidapet, Chennai.

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(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 IX Metropolitan Magistrate,

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CRL OP No. 13231 of 2026

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Saidapet, Chennai, shall obtain a copy of any one of their identity proofs to ensure their identity.

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(iii) The petitioner shall appear and sign before the respondent Police, every Monday and Friday at 10.00 a.m., until further orders ;

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(iv) The petitioner shall make himself available for interrogation by a police officer as and when required.

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(v) The petitioner shall not, directly or indirectly, make any inducement,

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threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(vi) The petitioner shall not enter into the victim's house or his place;

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(vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence.

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(viii) The petitioner shall not leave India without the previous permission of the Court.

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(ix) The petitioner shall furnish his residential address and mobile number to the learned IX Metropolitan Magistrate, Saidapet, Chennai.

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(x) On breach of any of the aforementioned conditions, the learned IX Metropolitan Magistrate, Saidapet, Chennai, 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 them as laid down

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CRL OP No. 13231 of 2026

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by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC

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283] .

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8. Accordingly, this Criminal Original Petition is allowed subject to the

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conditions stated supra.

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21-05-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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KSA-2

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Note:-

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1. Registry is directed to forthwith upload this order in the official website of this Court.

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2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 13231 of 2026

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To

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