M.Venkata Subramani v. The State Of Tamil Nadu Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-05-2025
CORAM
THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL OP NO. 13879 of 2025 M.VenkataSubramani Petitioner(s) Vs State Rep.by, The Inspector of Police, W-9 All Women Police Station, Avadi, Tiruvallur District.
Cr. No. 7 of 2025 Respondent(s) For Petitioner(s): Mr. K.Saravanan For Respondent(s): Dr.C.E.Pratab, Govt.Advocate (Crl.Side) Prayer: Criminal Original Petition filed under Section 482 of BNSS seeking anticipatory bail.
ORDER
The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 498(A) of IPC in Crime No.7 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. It is the case of the prosecution that the petitioner demanded
dowry and harassed the de-facto complainant. Hence, the complaint has been registered against him.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the de-facto complainant is wife of the petitioner and a divorce case in HMOP No.440 of 2024 is been pending before the Trial Court.
5.Taking into consideration the facts and circumstances of the case and considering the submissions made by the counsels on either side, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.1, Poonamallee, 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 learned Magistrate concerned 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[c]the petitioner shall not tamper with the 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 is 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 229-A IPC.
08-05-2025 Note :
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To
1. The Judicial Magistrate No.1, Poonamallee.
2. The Inspector of Police, W-9 All Women Police Station, Avadi, Tiruvallur District.
3. The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
mst Crl.O.P.No.13879 of 2025 08.05.2025