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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6884 of 2025 1.Pandian 2.Mahalakshmi .. Petitioners Vs.

The State rep by The Inspector of Police, Palladam Police Station, Tirupur District.

(Crime No.288 of 2025) .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Crime No.288 of 2025 on the file of the respondent Police.

For Petitioners : M/s.M.Rajasekar For Respondent : Mr.S.Santhosh Government Advocate(Crl.Side)

ORDER

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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), 115(2) and 351(2) of BNS, read with Act 4 of the Tamil Nadu Prohibition of Harassment of Women Act (TNWH Act) of 2002 in Crime No.288 of 2025, seek anticipatory bail.

2.

The case of the prosecution is that there is a matrimonial difference between the defacto complainant and her husband; that the petitioners are the mother and father of the defacto complainant's husband and that the petitioners and the defacto complainant's husband assaulted the defacto complainant.

3.

The learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioners. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the Page No.2 of 6

petitioner, reiterated the prosecution case and on instructions submitted that there is a matrimonial difference between the defacto complainant and her husband; that the petitioners have no bad antecedents. 5.

Considering the nature of allegations, the age of the petitioners, the petitioners have no bad antecedents and since, custodial interrogation of the petitioners is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the Judicial Magistrate, Palladam, on condition that 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 condition that:

[a] the petitioners and the sureties shall affix their photographs and Page No.3 of 6

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. [b] the petitioners shall appear before the respondent police as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioners 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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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.

11.03.2025 Index : Yes / No Internet : Yes / No dpa Page No.4 of 6

To 1.The Inspector of Police, Palladam Police Station, Tirupur District.

2. The Judicial Magistrate, Palladam.

3.The Public Prosecutor, Madras High Court, Chennai.

SUNDER MOHAN , J.

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