Satheesh Kumar D v. State By Rep By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN

1. Satheesh Kumar D S/o.Dhanapaul, No.19, A Block, 1st Floor, Krishnanagar, Paleripattu, Avadi, Kamarajar Nagar, Tiruvallur Petitioner(s) Vs

1. State by Rep by Inspector of Police, Avadi All Women Police Station, Avadi District (Crime No.9/2025) Respondent(s) PRAYER To enlarge the Petitioner/Accused on anticipatory bail in Crime No.9 of 2025 dated 12-04-2025 on the file of the Respondent, in the event of arrest by the Respondent Police pending enquiry before the Respondent Police. For Petitioner(s):

P Devi Sai Monica For Respondent(s):

S.Balaji, Government Advocate (Crl.side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 494, 498(A) of IPC, in Crime No.9 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant got married in the year 2014: that there was a matrimonial dispute between the petitioner and the defacto complainant; that thereafter, the defacto complainant started living in her parent's house and filed a petition for divorce; that when the said petition was pending, the petitioner married another women and abandoned the defacto complainant and thus committed the aforesaid offence.

3.The learned counsel for the petitioner would submit that the allegations are false; that the allegations do not disclose any cruelty; that the petitioner and the defacto complainant were living separately since 2016 and in any case the allegations do not warrant custodial interrogation.

4.Heard the learned Government Advocate (Crl.side) who reiterated the prosecution case and submitted that the petitioner and the defacto complainant were living separately since 2016.

5.The allegation prima facie disclose matrimonial differences between the petitioner and the defacto complainant. The petitioner and the defacto complainant were living separately since the year 2016. There is also a divorce petition pending between the parties 6.Considering the aforesaid facts, nature of allegations and since the custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. 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 of receipt of copy of this order, before the learned Judicial Magistrate No.I, Poonamallee, on condition that the petitioner shall execute a bond for 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: [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 petitioner shall report before the respondent police as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 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 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.

24-04-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes sTo 1.State by Rep by Inspector of Police, Avadi All Women Police Station, Avadi District (Crime No.9/2025)

2. The Judicial Magistrate No.I, Poonamallee 3.The Public Prosecutor High Court of Madras, Chennai

SUNDER MOHAN J.

gbi CRL OP No. 12542 of 24-04-2025