Prasanna v. State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2025
CORAM
THE HONOURABLE MR. JUSTICE N. SENTHIL KUMAR CRL OP NO.15699 of 2025
1. Prasanna
2. Marimuthu
3. Santhi
4. Buvaneswari
5. M.P. Loganathan ... Petitioner(s)/ Accused Vs State rep. by, The Inspector of Police, All Women Police Station, East Puliyakulam, Coimbatore District.
(Crime No.19 of 2025). ... Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police concerned in Crime No.19 of 2025, on the file of the respondent police. For Petitioner(s) : Mr. Mary Mahila For Respondent(s) : Mr. A. Gopinath, Government Advocate (Crl. Side) ****** 1/6
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85 and 351(3) of BNS and Section 4 of the TNPHW Act in Crime No.19 of 2025, on the file of the respondent police, seek anticipatory bail.
2.
The case of the prosecution is that the first petitioner is the husband and the other petitioners are in-laws of the defacto complainant; that on account of matrimonial dispute between the first petitioner and the defacto complainant, the petitioners have abused and harassed the defacto complainant. Hence, this case.
3.
The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case; that the petitioners had never committed any offence as alleged by the prosecution; that the first petitioner had filed a case against the petitioner seeking divorce from the defacto complainant in HMOP No.67 of 2025 pending on the file of the Sub-Court Kallakurichi and in order to counter the same, a false complaint has been lodged against 2/6
the petitioners; and that the petitioners are ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to co-operate for the investigation, and sought for anticipatory bail to the petitioners.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is pending, hence opposed the grant of anticipatory bail to the petitioners.
5.
Taking note of the facts and circumstances of the case, the nature of allegation against the petitioners, submissions made by the learned counsels on either side and since custodial interrogation of the petitioners is not required for the purpose of investigation, 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, within a period of fifteen days from the date on which the order copy made ready, before the learned 3/6
Judicial Magistrate No.6, Coimbatore on condition that the petitioners shall execute a 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and 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;
[b] the third and fourth petitioners/ Santhi and Buvaneswari shall report before the respondent police as and when required for interrogation. As far as the first, second and fifth petitioners are concerned, they shall report before the respondent police everyday at 10:30 a.m., for a period of one week and thereafter, as and when required for interrogation;
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners shall not abscond either during investigation or trial;
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[e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 22.05.2025 stn/ nsl 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 Judicial Magistrate No.6, Coimbatore.
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N. SENTHILKUMAR, J.
stn/ nsl
2. The Inspector of Police, All Women Police Station, East Puliyakulam, Coimbatore District.
(Crime No.19 of 2025).
3. The Public Prosecutor, High Court of Madras.
Crl.O.P. No.15699 of 2025 22.05.2025 6/6