Thulasi v. State Rep. By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.03.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN Thulasi D/o. Deenadayalan ... Petitioner / Accused Vs State rep. by:- The Inspector of Police, W-28 All Women Police Station, Ambattur.
... Respondent [Cr. No.17 of 2025] PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., praying to grant anticipatory bail to the petitioner / Accused in Crime No.17 of 2025 on the file of the respondent police. For Petitioner : Mr. Lakshmikanthan.J.
For Respondent : Mr. S. Balaji, Government Advocate [Criminal side]
ORDER
The petitioners / Accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 4 of Tamil 1/6
Nadu Women Harassment Act in connection with the case in Crime No.17 of 2025, seek anticipatory bail.
2. The case of the prosecution is that the petitioner had posted certain derogatory messages and abused the defacto complainant and her husband in a facebook page and also in whatsapp.
3. Learned counsel for the petitioner would contend that the posts have been removed; that the petitioner would not indulge in similar activities in future; and that in any case, custodial interrogation of the petitioner is not required and hence prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, confirmed the aforesaid facts and on instructions, submitted that the posts have been removed.
5. Considering the aforesaid facts, the nature of allegations against the petitioner and since the custodial interrogation of the petitioner is not 2/6
required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions. However, it is needless to say that if the petitioner indulges in similar activities in future, the respondent is at liberty to seek cancellation of anticipatory bail.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur on condition that the petitioner 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions 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. 3/6
[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;
[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]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
24.03.2025 mjs To 4/6
1.The Judicial Magistrate, Ambattur.
2. The Public Prosecutor, High Court, Madras. 3.The Inspector of Police, W-28 All Women Police Station, Ambattur. SUNDER MOHAN. J., mjs 5/6
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