Thangarasu v. State By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.05.2025

CORAM

THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI CRL.OP. No. 15934 of 2025

1. Thangarasu

2. Harikrishnan

3. Kamatchi

4. Rajalakshmi

5. Dhanamani

6. Santhi

7. Kishore Kumar ... Petitioners Vs The State Represented by, The Inspector of Police, AWPS - Kancheepuram Kancheepuram District.

... Respondent (Crime No.Not known of 2025) PRAYER: Criminal Original Petition filed under 482 of B.N.S.S., pleased to enlarge the petitioners on bail in the event of their arrest in Crime No. Not known of 2025 on the file of the respondent Police. For Petitioners :

Mr.M.Jaikumar For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the offence under Sections 85 and 86 of BNS r/w 1/4

Section 4 of TNPHW in Crime No.Not known of 2025, seek anticipatory bail.

2. The case of the prosecution is that based on the proposal of the first petitioner and the de facto complainant, their marriage was fixed; however, later, due to some misunderstanding, they called off their marriage and on account of the same, the first petitioner and his relatives had abused the de facto complainant and committed cruelty on her. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and due to some misunderstanding, a false complaint has been given against them. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. Learned Additional Public Prosecutor appearing for the respondent police submitted that the Crime Number is now assigned as Cr.No.30 of 2025. He reiterated the case of the prosecution and further submitted that the investigation is still pending in this case and opposed to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the submissions of the learned counsel on either 2/4

side and also considering the fact of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 No.I, Kancheepuram, on condition that the petitioners shall execute separate bond each 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 conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Magistrate/Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioners shall report before the respondent police daily at 10.30.a.m., for a period of two months and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond either 3/4

K.GOVINDARAJAN THILAKAVADI, J.

gv during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 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 absconds, a fresh FIR can be registered under Section 269 B.N.S. Note:- 28.05.2025

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- I, Kancheepuram.

2. The Inspector of Police, AWPS - Kancheepuram Kancheepuram District.

3. The Public Prosecutor, High Court of Madras. 4/4