Seenuvasan v. The State Rep.By, Its Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.3634 of 2025 Seenuvasan ... Petitioner

Versus

State rep by its Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

Crime No.47 of 2025.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of in Cr.No.47 of 2025 on the file of the respondent police. For petitioner : Mr.E.Sathiyaraj Elangovan For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 1/6

115(2), 118(1), 351(3) of BNSS r/w Section 4 of Tamilnadu Prohibition of Women Harassment Act r/w 191(2), 191(3), 296(b), 115(2), 118(1), 309(3), 351 (3) of BNS and Section 3 of TNPPDL Act in Crime No.47 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant and A3 had matrimonial differences and on account of the same, the petitioner/A1 along with other accused had entered into the house of the defacto complainant and abused her in filthy language and threatened her with dire consequences and also damaged the windows in the house of the defacto complainant by throwing stones. Hence, the case. 3.

Learned counsel appearing for the petitioner would submit that the co-accused have been arrested and enlarged on bail. He would further submit that the petitioner has nothing to do with the offence and in any case, the custodial interrogation of the petitioner is not required. Therefore, he prays to grant anticipatory bail to the petitioner. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent Police reiterated the prosecution case and on instructions 2/6

submitted that the co-accused A2 and A5 have been arrested and released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is willing to deposit a sum of Rs.5,000/- to the credit of Cr.No.47 of 2025.

6.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.

7.

Considering the nature of allegations, the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

8. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Kalasapakkam, Thiruvannamalai District on condition that 3/6

the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent 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 is directed to deposit Rs.5,000/- to the credit of Cr.No.47 of 2025 as undertaken by him.

[b]the petitioner shall report before the respondent police station daily at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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 is 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

17.02.2025 Vv 4/6

To

1. The Inspector of Police, Kadaladi Police Station, Thiruvannamalai District.

2. The Public Prosecutor, High Court of Madras, Chennai.

5/6

SUNDER MOHAN, J.

Vv Crl.O.P.No.3634 of 2025 17.02.2025 6/6