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Madras High CourtCRL OP/13821/2025granted

V. Seenivasan v. State Rep By Its, The Inspector Of Police

2025-05-21Honourable Mr.Justice N.Senthilkumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR

1. V.Seenivasan

2. Dhanalakshmi

3. Gayathri

4. Kathiravan 5.Tamilarasan

6. Jothilakshmi ... Petitioners -vsState rep by its The Inspector of Police, W-5, All Women's Police Station, Selaiyur Tambaram, Chennai.

(Crime No.13 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioners on bail in the event of their arrest in FIR in Crime No.13 of 2025 on the file of the respondent police.

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For Petitioners :

Mr.M.Vimal Bobby Crimson For Respondents :

Mr.A.Gopinath, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 417 & 420 of IPC, in Crime No.13 of 2025, seek anticipatory bail.

2. The petitioners / Accused Nos.2 to 7 are the family members of A1. The case of the prosecution is that the marriage proposal between A1 and the defacto complainant during the year 2022 was dropped on account of dowry demand and after the engagement on 18.03.2022, A1 had physical relationship with her and thereafter, A1 did not come forward to marry her and now A1 had married another girl on 04.04.2025.

3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case for the reason to defame the name of the petitioners. He further submitted that the petitioners are willing to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioners, reiterated the prosecution case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court No. II, Tambaram on condition that each of the petitioners 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 satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and 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;

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[b] the petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders; [c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 269 of B.N.S.

21.05.2025 kmm "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." 4/6

To 1.The learned Judicial Magistrate Court No.II, Tambaram.

2. The Inspector of Police, W-5, All Women's Police Station, Selaiyur Tambaram, Chennai.

3. The Public Prosecutor, High Court, Madras.

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N.SENTHILKUMAR,J kmm 21.05.2025 6/6