Menakasree v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Menakasree ... Petitioner(s) /Accused Vs.
State rep. by Inspector of Police, T-6, Pererkkankaranai Police Station, Tambaram City, Chennai.
... Respondent(s)/ Complainant Crime No.27 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 arrest in connection with Crime No.27 of 2025 on the file of the respondent police, pending investigation.
For petitioner(s) : Mr.A.Anandhan For Respondent(s) : Mr.S.Santhosh, 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 132 and 351(2) of BNS, Page No.1 of 7
2023, in Crime No.27 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that, the husband of the petitioner threatened the defacto complainant and abused him in filthy language.
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 petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case; and that the petitioner has no bad antecedents.
5. Considering the nature of allegations, the fact that no injuries were sustained by the defacto complainant, and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Page No.2 of 7
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 days from the date on which the order copy is made ready, before the X Metropolitan Magistrate, Egmore, 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 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. [b] the petitioner shall appear before the respondent police as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; Page No.3 of 7
[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 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.
17.03.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No Page No.4 of 7
skr To
1. Inspector of Police, T-6, Pererkkankaranai Police Station, Tambaram City, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Learned X Metropolitan Magistrate, Egmore Page No.5 of 7
SUNDER MOHAN, J.
skr Page No.6 of 7
17.03.2025 Page No.7 of 7