L. Palaniappan v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-04-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN L. Palaniappan S/o. Lakshmanan, No. 7A, Rasi Street, VTC, Tirunagar, P.O., Tirunagar, Madurai- 625 006 Petitioner(s) Vs
1. State Rep.by, The Inspector of Police, SRMC- AWPS Police Station, Avadi, Chennali. (Crime No.18 of 2023) Respondent(s) PRAYER To enlarge the Petitioner /Accused No.1 on Anticipatory bail in the event of his arrest in Crime No.18 of 2023 on the file of the respondent police For Petitioner:
For Respondent(s):
Mrs.V.Gayathri Mr.S.Santhosh, Government Advocate (Crl.side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498A, 420, 313 & 494 of IPC, in Crime No.18 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the wife of the petitioner; that they had a love affair; that after marriage, matrimonial differences arose between them; that the petitioner had harassed the defacto complainant and received money and deserted her and thus, committed the aforesaid offence.
3.The learned counsel for the petitioner would submit that FIR was registered in the year 2022; that thereafter the defacto complainant had filed a petition for divorce in O.S.No.66/24 on the file of the V Additional Family Court, Chennai; that during the course of hearing a compromise was arrived between the parties; that the petitioner paid Rs.17,00,000/- to the defacto complainant which was recorded in the judgment dated 24.10.2024 in
O.S.No.66/2024; and that in any case, the custodial interrogation is not required and prayed for anticipatory bail to the petitioner. 4.The learned Government Advocate (crl.side) reiterated the prosecution and confirmed the fact that the marriage of the petitioner and the defacto complainant was dissolved; and that the petitioner paid a sum of Rs.17,00,000/-/ to the defacto complainant.
5. Considering the aforesaid facts and the nature of allegations, this Court is of the view that the custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of copy of this order, before the learned Judicial Magistrate Court, Sriperumbudur, 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.
gbi 18-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State Rep.by, The Inspector of Police, SRMC- AWPS Police Station, Avadi, Chennali. (Crime No.18 of 2023) 2.The Judicial Magistrate Court, Sriperumbudur.
3.The Public Proecutor, High Court of Madras, Madras.
SUNDER MOHAN J.
gbi CRL OP No. 13334 of 29-04-2025