P. Pavithran v. The State Rep.By Its, The Sub Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.05.2025

CORAM

THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Crl.O.P.No. 13491 of 2025 P.Pavithran ... Petitioner Vs The Inspector of Police, Sub-Inspector of Police, H-1 Washermenpet Police Station Coimbatore District.

[Cr. No. 267/2025] ... Respondent PRAYER: The Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhitha, 2023 praying to grant anticipatory bail to the petitioner in the event of arrest in connection with Crime No. 267 of 2025 pending investigation on the file of the respondent police. For Petitioner : Mr.Sharavan Kumar K For Respondent : Dr.C.E.Pratap Government Advocate (Crl.Side) 1/6

ORDER

The petitioner apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1), 85, 74, 351(3) of BNS 2023 and Section 3 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.267 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that there is a matrimonial dispute between the petitioner and the defacto complainant. The petitioner abused the defacto complainant using filthy language and threatened with dire consequence and attacked her with hands. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. The petitioner has been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and he prays to grant anticipatory bail to the petitioner.

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4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there is a matrimonial dispute between the petitioner and the defacto complainant. The petitioner abused the defacto complainant using filthy language and threatened with dire consequence and attacked her with hands. He would further submit that the defacto complainant has no injury. However, he opposed for grant of anticipatory bail to the petitioner.

5.Considering the representations made by both sides and nature of offences charged against the petitioner and also considering the fact that there is no injury to the defacto complainant, 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/her appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned XVMetropolitan Magistrate Court, George Town, Chennai 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 3/6

satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police on everyday at 10.30 A.M. for a period of 30 days and thereafter as and when required for interrogation; [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts of the Court or to any police officer.

[c] the petitioner shall not leave India without the previous permission of the Court.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall make himself/herself available for interrogation by a police officer as and when required. [f] 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 4/6

[(2005)AIR SCW 5560].

[g] If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

08.05.2025 kkn/smv To:- 1.The Inspector of Police, Sub-Inspector of Police, H-1 Washermenpet Police Station Coimbatore District.

2.The XV-Metropolitan Magistrate Court, George Town, Chennai.

3.The Public Prosecutor, Madras High Court.

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L.VICTORIA GOWRI J.

kkn / smv Crl.O.P.No. 13491 of 2025 08.05.2025 6/6