Arun Prasath v. The State 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. 14214 of 2025
1. Arun Prasath
2. Sivakumar
3. Rani Petitioner(s) Vs State Rep.by, The Inspector of Police, All Women Police Station, Mangalamedu, Perambalur District.
Cr. No. 56 of 2025 Respondent(s) For Petitioner(s): Mr. M.Sivakumar 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 355, 498(A) of IPC and Section 4 of TNPHW Act in Crime No.56 of 2025 on the file of the respondent police, seek anticipatory bail.
2. It is the case of the prosecution that there exists matrimonial
dispute between the petitioners and the de-facto complainant and the petitioners abused the defacto complainant in filthy language and harassed her. Hence, the complaint has been registered against them. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have 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 first petitioner and there exists matrimonial dispute between the petitioners and the defacto complainant.
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 petitioners with certain conditions.
6.Accordingly, the petitioners are ordered to be released on bail
in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Additional Mahila Court, Perambalur, 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 learned Magistrate concerned and on further conditions that:
[a]the petitioners 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 petitioners 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 petitioners shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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, Additional Mahila Court, Perambalur.
2. The Inspector of Police, All Women Police Station, Mangalamedu, Perambalur District.
3. The Public Prosecutor, High Court of Madras.
L.VICTORIA GOWRI, J.
mst Crl.O.P.No.14214 of 2025 08.05.2025