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Madras High CourtCRL OP/14814/2025granted

Kirubananthan Veeramani v. The State Rep. By The Inspector Of Police,

2025-06-19Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM

THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR 1.Kirubananthan Veeramani 2.Nadarajan Veeramani 3.Aswini ... Petitioner/A2 to A4 Vs The State of Tamil Nadu, Rep by Inspector of Police Thirukoilur AWPS Kallakurichi.

(Crime No.39 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioner on bail in the event of their arrest by the respondent police in connection to the F.I.R. in Crime No.39 of 2025 on the file of the Inspector of Police, Thirukoilur AWPS, Kallakurichi.

For petitioners : Mr.AR. Balaji For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side) Page No.1 of 6

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 69, 296(b), 115(2) and 351(2) of BNS, 2023 in Crime No.39 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the A1 had intimate relationship with the de-facto complainant under the false promise of marriage, thereby the de-facto complainant became pregnant. The petitioners are relatives of A1, who were alleged to have verbally abused the de-facto complainant and demanded dowry for marriage. Hence, the case. 3.The contention of the learned counsel for petitioner is that the petitioners are no way connected to the alleged offences and they are unnecessarily roped in this offence. They neither abused nor threatened the de-facto complainant. He further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Page No.2 of 6

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the victim and A1 are aged about 19 years and they are relatives. A1 along with the petitioners forced the victim to abort the pregnancy. The victim is now 8 months pregnancy and soon to deliver a baby. Now A1 has given an undertaking that he would marry the victim once he attains the age for marriage.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.

6. Considering the nature of allegations and the fact that it is a case of love affair, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.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 on which the order copy made ready, before the learned Judicial Magistrate, Tirukoilur, on condition that the petitioners shall execute a Page No.3 of 6

separate 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, and on proof of payment of deposits, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioners fail 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 any one of identify proofs to ensure their identity;

[c] the petitioners shall report before the respondent Police daily at 10.30 a.m until further orders; [d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioners shall make themselves available for interrogation by a Police office as and when required; Page No.4 of 6

[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, they 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 of BNS.

19.06.2025 rsi To:

1.The Inspector of Police Thirukoilur AWPS Kallakurichi.

2.The Judicial Magistrate, Tirukoilur, 3.The Public Prosecutor, High Court Madras.

Page No.5 of 6

M.NIRMAL KUMAR, J.

rsi 19.06.2025 Page No.6 of 6