Himabindu .D 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 D.Himabindu ... Petitioner(s) /Accused Vs.
State rep. by The Inspector of Police, W28 All Women Police Station, Ambattur, Chennai.
... Respondent(s)/ Complainant Crime No.53 of 2024 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in Crime No.53 of 2024 pending on the file of the respondent police. For petitioner(s) : Mr.AGD Bala Kumar For Respondent(s) : Dr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 85, 316(2) and 318(4) of Page No.1 of 7
BNS, 2023 in Crime No.53 of 2024 seeks anticipatory bail.
2. It is the case of the prosecution that A1 married the defacto complainant and, along with A3/ petitioner herein, demanded dowry and subjected her to cruelty in connection with the said dowry demand.
3. The learned counsel for the petitioner would submit that the allegations are false. He further submitted that the petitioner and the defacto complainant are closely related to each other and that in any case, custodial interrogation is not required and sought for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case.
5. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police. Page No.2 of 7
6. Considering the submissions made by the learned counsel on either side, the nature of offence and also considering other relevant aspects, I am inclined to grant anticipatory bail to the petitioner subject to certain conditions.
7. Accordingly, this Criminal Original Petition stands allowed and the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each with two sureties for a like sum to the satisfaction of the learned Magistrate concerned 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; Page No.3 of 7
[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, 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 [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
08.05.2025 Index : Yes/No Page No.4 of 7
Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa 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 official website of this court will be watermarked and will also have a QR code.
To
1. The Inspector of Police, W28 All Women Police Station, Ambattur, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
3. Judicial Magistrate, Ambattur Page No.5 of 7
L.VICTORIA GOWRI, J.
skr/dpa Page No.6 of 7
08.05.2025 Page No.7 of 7