Sudalairajan v. State Rep. By Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-09-2025
CORAM
THE HONOURABLE MRS T.V.THAMILSELVI CRL.O.P.No.24340 of 2025
1. Sudalairajan
2. Balasubamanian
3. P.Subbulakshmi Petitioners Vs State rep. by Inspector of Police, T7 Avadi Tank Factory Police Station, Chennai - 600 154.
Respondent Crime No.438 of 2025.
For Petitioners : Mr.V.Stalin For Respondent : Mr.S.Udhayakumar Government Advocate(Crl.Side)
ORDER
The Petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(3) of BNSS Act and Section 4 Tamil Nadu Prohibition of Women Harassment Act, in Crime No.438 of 2025 on the file of the respondent police, seeks anticipatory bail.
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2. The case of the prosecution is that the first petitioner, who is the husband of the defacto complainant had demanded more dowry from her and attacked the defacto complainant with iron box and caused injuries on both the hands and also the first petitioner attacked the defacto complainant with cricket bat all over the body. Hence, the case.
3.The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this Court.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there was some wordy quarrel between the petitioners and the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Considering the nature of the complaint and custodial interrogation of the petitioners are not required for the investigation, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, 2/4
within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur, Chennai, 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 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 condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;
[b] the first petitioner shall report before the respondent police every Tuesday at 10.30 a.m. for a period of eight weeks.
[c] the 2nd and 3rd petitioners shall report before the respondent Police as and when required;
[d] the first petitioner and defacto complainant are directed to appear before the Tamil Nadu Mediation and Conciliation Centre, High Court, Chennai.
[e] the petitioners shall not tamper with evidence or witness either during investigation or trial; [f] the petitioners shall not abscond either during investigation or trial.
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T.V.THAMILSELVI , J.
kmm [g] 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]; [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
12.09.2025 Index : Yes / No Internet : Yes / No kmm To
1. The Judicial Magistrate, Ambattur, Chennai.
2. The Inspector of Police, 7 Avadi Tank Factory Police Station, Chennai - 600 154. 3.The Public Prosecutor, Madras High Court, Chennai.
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