Vishwanath (M/27) v. The State Rep. By Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN Vishwanath ..Petitioner(s) Vs The State Rep. by Inspector of Police, Avalur Police Station, Ranipet District.
(Crime No.21 of 2026) ..Respondent(s) Prayer: Criminal Original Petitions filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, to enlarge the petitioner on anticipatory bail in the event of apprehending arrest in the Crime No. 21 of 2026 on Inspector of Police, Avalur Police Station, Ranipet District.s For Petitioner(s):
Mr.P.Muthamizh Selvakumar.P For Respondent(s):
Mr.P.Dhileepan, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offence under Section 4 of Dowry Prohibition Act r/w. Section 351(2) of BNS Act in Crime No.21 of 2026 on the file of the respondent police seeks anticipatory bail.
2. The allegation against the petitioner is that the petitioner and the de
facto complainant are husband and wife. Since the petitioner demanded dowry from the de facto complainant, the present case has been registered.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the de-facto complainant. He further submits that the petitioner has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and vehemently opposed to grant anticipatory bail to the petitioner.
5. The only allegation against the petitioner is that he demanded dowry from the de facto complainant. The complaint was registered on 31.01.2026. Considering the nature of the allegation and the offence charged, this Court is of the firm view that custodial interrogation of the petitioner is not required and is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate
Court No.I, Walajapet, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:
(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
24-03-2026 rap
C.KUMARAPPAN, J.
rap To
1. The Inspector of Police, Avalur Police Station, Ranipet District.
2. The Judicial Magistrate Court No.I, Walajapet.
3. The Public Prosecutor, High Court, Madras.
24-03-2026