Madan Mohan v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.05.2025

CORAM

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR 1.Madan Mohan 2.Saradha Devi ... Petitioners -vsThe State Represented by, The Inspector of Police, Taramani AWPS, Taramani, Chennai.

(Crime No.4 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 arrest by the respondent police in the case pending investigation in Crime No.4 of 2025.

For Petitioners :

Ms.Sangamithirai For Respondent :

Mr.V.Meganathan, Government Advocate (Crl.Side) ******** 1/6

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 85 and 316(2) of BNS, 2023, in Crime No.4 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are senior citizens. The 1st petitioner is extremely sick and unable to move on his own from 2018. The petitioners have no involvement in the alleged occurrences. The accusations of dowry harassment and domestic violence against the petitioners are entirely baseless and vexatious, aimed solely to coerce a mutual divorce and settlement. Hence, the complaint.

3. The learned counsel appearing for the petitioner 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 dowry harassment and domestic violence against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.

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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 Additional Mahila Court, Alandur, 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.

(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 3/6

either during investigation or trial;

(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 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]; (i) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

16.05.2025 rna "Note:

1. Registry is directed to forthwith upload this order in the Official 4/6

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 learned Additional Mahila Court, Alandur.

2.The Inspector of Police, Taramani AWPS, Taramani, Chennai.

3.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

rna 16.05.2025 6/6