A.Chakrapani v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. A.Chakrapani S/o.Andavar

2. C.Pugalenthi W/o.Chakrapani

3. C.Bhuvaneshwari S/o.Chakrapani

4. Pushparaj S/o.Chakrapani, All are residing at No.35, West Street, Kurinjipadi Taluk, Thambipettai, Cuddalore District

5. Pushpavathi C/o.Manikandaraja, No.5/138, Kaliamman Kovil Street, Manjapettai, Adurkuppam Post, Cuddalore District, Petitioner(s) Vs

1. The Inspector of Police, Muthandikuppam Police Station,

Cuddalore District. (Crime No.39 of 2025) Respondent(s) PRAYER:To enlarge the petitioners on pail in the event of his arrest concerned in Crime No 39 of 2025, on the file of the Inspector of Police, Muthandikuppam Police Station, Cuddalore District.

For Petitioner(s):

Mr.S. Kasirajan For Respondent(s):

Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 194(3) of BNSS and @ Section 108, 85 of BNS., in Crime No.39 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the deceased was married to one Karunakaran/the son of the first petitioner; that the said Karunakaran and the petitioners, who are related to the said Karunakaran had caused harassment due to dowry demand, as a result of which, the deceased committed suicide by hanging on 13.03.2025 after she had a phone conversation with the said Karunakaran. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case; and hence, he prayed for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and confirmed the above-said facts.

5. Heard the learned counsel for the petitioners, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

6.Admittedly, the victim is said to have committed suicide after she had a phone conversation with the said Karunakaran. The petitioners are the parents and relatives of the said Karunakaran. The FIR reveals matrimonial differences and the main allegation is against the said Karunakaran. Considering the nature of allegations against the petitioners, this Court is of the view that

their custodial interrogation is not required for the purpose of investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners on 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.1, Panruti on condition that the petitioners shall execute a separate 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 condition that:

[a] the petitioners 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 petitioners shall report 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 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 of B.N.S.

29-04-2025

Jai Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, Muthandikuppam Police Station, Cuddalore District. (Crime No.39 of 2025).

2. The Judicial Magistrate Court No.1, Panruti.

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

SUNDER MOHAN J.

jai CRL OP No. 13230 of 29-04-2025