Chitra Maheshraj v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.3040 of 2025 Chitra Maheshraj, W/o. Maheshraj
...Petitioner
Vs The State Rep by, The Inspector of Police, All Women Police Station, Poonamallee, Avadi District.
(Crime No.20 of 2024)
...Respondent
PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., 2023, praying to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.20 of 2024 on the file of the respondent police.
For Petitioner : Mr.Saravana Pandiyan For Respondent : Mr. S. Balaji Government Advocate [Criminal side] Page No.1 of 6
ORDER
The petitioner / Accused-4, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 498(A) of IPC, in Crime No.20 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant was harassed physically and mentally on account of dowry demandby her husband, father-in-law, mother-in-law and sister-in-law (the petitioner herein).
3. Learned counsel for the petitioner would submit that the petitioner is innocent and no way connected with the alleged offence; that due to matrimonial dispute, a false and exaggerated complaint has been given against her and that the other accused have been granted bail by this Court. Hence, he prayed to grant anticipatory bail to the petitioner.
3. The learned Government Advocate (Criminal Side) would submit that the petitioner's brother and the defacto complainant got married in the Page No.2 of 6
year 2023 and thereafter, A1 to A3 along with the the petitioner demanded dowry from the defacto complainant and also driven the defacto complainant out of the matrimonial home.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. Considering the nature of allegations against the petitioner, the co-accused have been granted anticipatory bail and since the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Poonamallee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties each for a like sum to the satisfaction of the respondent Page No.3 of 6
Police or the Police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter abscond, a fresh FIR can be registered Page No.4 of 6
under Section 269 B.N.S.
07.02.2025 bga To 1.The Judicial Magistrate No.I, Poonamallee.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, All Women Police Station, Poonamallee, Avadi District.
(Crime No.20 of 2024) Page No.5 of 6
SUNDER MOHAN. J., bga CRL O.P. No.3040 of 2025 07.02.2025 Page No.6 of 6