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Madras High CourtCRL OP/14658/2025granted

Praveenkumar v. State Rep.By, 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. Praveenkumar

2. Jayalakshmi

3. Rajalakshmi

4. Raman ... Petitioners -vsThe State Represented by, The Inspector of Police, Panruti Police Station, Thiruvallur District.

(Crime No.82 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest concerned in Crime No.82 of 2025 on the file of the Inspector of Police, AWPS Panruti Police Station, Cuddalore District. For Petitioners :

Mr.K.Mohan For Respondent :

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

ORDER

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The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 85, 88, 296(b), 351(2) of BNS, equal to 498-A, 312, 294(b), 506 of IPC and Section 4 of Dowry Prohibition Act & Section 4 of TN Prohibition of Harassment of Woman Act, in Crime No.82 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant, alleges continuous harassment and abuse by her husband and his family after marriage and demand for dowry including Rs.10 lakhs and 5 sovereigns of gold was made. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there is some demand for dowry in the petitioners' family. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is 2/6

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 - I Court at Panruti, on condition that 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) if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; (b) the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.

46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c) the petitioners shall report before the respondent police daily at 10.30 a.

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(e) the petitioners shall make himself available for interrogation by a Police office as and when required;

(f) the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

(g) the petitioners shall not abscond either during investigation or trial; (h) 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]; (i) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

21.05.2025 rna "Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

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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 learned Judicial Magistrate - I Court, Panruti.

2.The Inspector of Police, Panruti Police Station, Thiruvallur District.

3.The Public Prosecutor, High Court, Madras.

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N.SENTHILKUMAR,J rna 21.05.2025 6/6