Palaniappan v. The State Of Tamil Nadu, Through 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 1.Palaniappan 2.Krishnaveni ... Petitioners/Accused 2 to 3 Vs.

State rep by The Inspector of Police, All Women East Police Station, Coimbatore District.

(Crime No.17 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioners on anticipatory bail in Crime No.17 of 2025 pending investigation on the file of the respondent police. For Petitioners : Mr.Deepan Uday For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioners, who apprehend arrest at the hands of the respondent, seeking anticipatory bail in Crime No.17 of 2025 registered for the offence under Sections 69, 296(b), 351(3) of BNS, 2023.

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2.It is the case of the prosecution that A1 and the defacto complainant were in a consensual relationship; that on the promise of marriage, the petitioner had sexual intercourse with the defacto complainant; that thereafter, A1 refused to marry the defacto complainant and that the petitioners, who are parents of A1, abused the defacto complainant in filthy language. Hence, the case. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that A1 was granted bail by this Court in Crl.O.P.No.15790 of 2025 on 22.05.2025. He would further submit that the petitioners are ready to abide by any condition that may be imposed by this Court and sought for anticipatory bail.

4.Per contra, the learned Additional Public Prosecutor reiterated the prosecution case and opposed for the grant of anticipatory bail. 5.Heard the learned counsel on either side and perused the materials available on record.

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6.Considering the nature of allegations, the fact that the coaccused was granted bail by this Court, the relationship between the parties and since custodial interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of copy of this order, before the Judicial Magistrate Court, Additional Mahila Court, Coimbatore, on condition that the petitioners shall execute separate bond for sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 said Magistrate, on further conditions that:

[a] 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; 3/6

[b] the 1st 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 and the 2nd petitioner shall appear as and when required for interrogation;

[c] the petitioners shall not abscond either 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 reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

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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.

Copy to:

1.The Judicial Magistrate Court, Additional Mahila Court, Coimbatore. 2.The Inspector of Police, All Women East Police Station, Coimbatore District.

3.The Public Prosecutor, High Court of Madras.

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K. GOVINDARAJAN THILAKAVADI , J.

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