Arunkumar v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2025
CORAM
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
1. Arunkumar Petitioner(s) Vs
1. State Rep.by, The Inspector of Police, All Women Police Station, Jayankondam, Ariyalur District, In Crime No. 55/2025.
Respondent(s) PRAYER This Criminal Original Petition is filed to enlarge the petitioner on anticipatory bail in the event of the petitioner arrest in crime No.55/2025, for an alleged offence U/s. 318(4) BNS, on the file of the respondent For Petitioner(s):
Mr.M.Ashok For Respondent(s):
Mr.G.Gopinath, GA (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Section 318(4) of BNS, 2023, in Crime No.55 of 2025, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and his family approached the defacto complainant on 25.09.2024 to arrange a marriage with his daughter. The defacto complainant requested some time, but the petitioner and his family insisted on an immediate marriage. Eventually, an agreement was reached, with the defacto complainant agreeing to give 100 sovereigns and Rs.15 lakhs as dowry. However, the petitioner and his family called off the marriage and arranged marriage with a different girl. When the same was confronted, they demanded additional dowry. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and a false complaint has been given as against him and ready to abide by any condition imposed by this Court. Hence, he prays
to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and confirmed the aforesaid facts and opposed for grant of anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the arguments from both sides, the nature of the offence, and also considering all other 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 I,
Jayankondam on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of two weeks.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial. [d] 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].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21-05-2025 Jai/gv Index:Yes/No Speaking/Non-speaking order
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.State Rep.by, The Inspector of Police, All Women Police Station, Jayankondam, Ariyalur District, In Crime No. 55/2025.
2. The Judicial Magistrate I, Jayakondam
3. The Public Prosecutor, High Court of Madras.
N.SENTHILKUMAR J.
Jai/gv CRL OP No. 15588 of 21-05-2025