Dhamotharan v. State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI CRL OP No. 15945 of 2025 Dhamotharan ... Petitioner vs The State Represented by, Inspector of Police, J-10, Semmancherry Police Station, Chengalpattu District.

Crime No.172 of 2025 ...Respondent 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 his arrest in Crime No. 172 of 2025 pending investigation on the file of the respondent police For petitioner :

Mr.M.Balaji For Respondent :

Mr.A Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 75(2), 351(2) of BNS r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.172 of 2025, seeks anticipatory bail. 1/5

2. The case of the prosecution is that the petitioner alleged to have misbehaved with the defacto complainant. Hence the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in this case; custodial interrogation of the petitioner is not required and sought for anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Taking into consideration the submission of both sides, nature of the allegations and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on 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 No.II, Alandur on condition that the petitioners shall execute a 2/5

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] the petitioner 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 petitioner shall report before the respondent police everyday at 10:30 a.m.,for a period of two months and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the 3/5

petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the K. GOVINDARAJAN THILAKAVADI GV 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28.05.2025 "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 the official website of this Court will be watermarked and will also have a QR code." To:

1. The Judicial Magistrate II, Alandur.

2. The Inspector of Police, J-10, Semmancherry Police Station, Chengalpattu District.

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3.

The Public Prosecutor, High Court, Madras.

CRL OP No. 15945 of 2025 5/5