Praveenkumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

1. Praveenkumar

2. Dhamotharan

3. Andal

4. Prabakaran ... Petitioners /Accused Vs.

State rep by, The Inspector of Police, Ambur AWPS Police Station, Tirupathur District.

... Respondent/ Complainant Crime No.4 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest in Crime No.4 of 2025 pending investigation on the file of the respondent police. Page No.1 of 6

For petitioners : Mr.T.Dhasarathan For Respondent : Mr.S.Santhosh, Government Advocate (Crl.Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85, 115(2), and 296(b) of BNS, 2023, Section 4 of the Dowry Prohibition Act, 1961, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.4 of 2025 seek anticipatory bail.

2. It is the case of the prosecution that the first petitioner married the defacto complainant and, along with other petitioners, demanded dowry and subjected her to cruelty on account of the dowry demand.

3. The learned counsel for the petitioners would submit that the allegations are false; that the petitioners and the defacto complainant are closely related to each other; and the allegations reveal that the defacto complainant was humiliated by stating that the first petitioner could have married a richer girl.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case.

5. This court perused the allegations in the FIR, which only reflects a matrimonial dispute between the first petitioner and the defacto complainant.

6. Considering the nature of allegations; 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 petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Additional District Munsif cum Judicial Magistrate, Ambur, Thirupathur District, on condition that the petitioners 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 police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: Page No.3 of 6

[a] 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;

[b] the first petitioner shall report before the respondent Police daily at 10.30 a.m., and the second to fourth petitioners shall report before the respondent Police as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 Page No.4 of 6

Kerala reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S 12.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr To

1. The Inspector of Police, Ambur AWPS Police Station, Tirupathur District.

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

3. Learned Additional District Munsif cum Judicial Magistrate, Ambur, Thirupathur District.

SUNDER MOHAN, J.

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