Radhakrishnan v. State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2025

CORAM

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN 1.Radhakrishnan, M/A 36 years S/o Selvaraj 2.Janagi, F/A 60 years, W/o Selvaraj Both are having address at Sri Ramakrishna Matric School Opposite, Rose Nagar, Elambalur Road, Perambalur Town and Taluk, Presently residing at, No.3/16, 1st Floor, Housing Board, Kavulpalayam Village, perambalur Town and Taluk, ..Petitioners/Accused 1 and 2 /versus/ 1.State rep.by The Inspector of Police, All Women Police Station-Perambalur, (Crime No.33 of 2025) ..1st Respondent/Complainant 2.Poovizhi 1/6

D/o Elangovan No.3/16, 1st Floor, Housing Board, Kavulpalayam Village, perambalur Town and Taluk, ..2nd Respondent/Defacto complainant/ Victim PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail, in the event of their arrest by the Respondent police, pending investigation of the case in Crime No.33 of 2025 on the file of the respondent.

For Petitioners :Mr.Vijayaragavan Marimuthu For Respondents :Mr.L.Baskaran Government Advocate (Crl.side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 296(b), 115(2), 118(1), 324(3) and 351(3) of Bharatiya Nyaya Sanhita (BNS) 2023, and Section 3(1)(r), 3(1)(s), 3(1)(w)(i) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 in Crime No.33 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 2/6

husband of the defacto complainant. The second petitioner is the motherin-law of the defacto complainant. Due to matrimonial dispute, the petitioner in a drunken mood had beaten the defacto complainant with weapons and caused severe injury. It is the further case of the defacto complainant that based on the instigation of the second petitioner, the first petitioner scolded and threatened the defacto complainant with dire consequence.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side) states that it is the case of matrimonial dispute between the in-laws. The investigation is in progress.

5.Considering the nature of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 3/6

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on or before 28.08.2025 before the learned Sessions Judge, Special Court for SC/ST(POA)Act Cases, Perambalur, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a likesum 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:

(a)If the petitioners fails to surrender before the concerned Magistrate on or before 28.08.2025, this order shall stand automatically cancelled;

(b)The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c)The petitioners shall report before the respondent police as 4/6

and when required for interrogation;

(d)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

18.08.2025 ari To 1.The Sessions Judge, Special Court or SC/ST (POA) Act cases, Perambalur.

2.The Inspector of Police, All Women Police Station-Perambalur, 3.The Public Prosecutor, High Court, Madras.

DR.G.JAYACHANDRAN,J.

ari 5/6

Crl.O.P.No.20642 of 2025 18.08.2025 6/6