Rajasekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.30258 of 2022 1.Rajasekar 2.Santhi 3.Semparuthi 4.Senbagavalli 5.Mathiyalagan ... Petitioners

Versus

1. The State rep by its, The Inspector of Police, All Women Police Station, Ariyalur, Ariyalur District.

2. Arulmani ... Respondent (R2 is suomotu impleaded as per the order of this Court dated 05.11.2025 in Crl.O.P.No.30258 of 2022) Prayer:- Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of arrest in Crime No.42 of 2022 on the file of the respondent police.

For Petitioners :

Mr.M.Velmurugan For Respondents :

Ms.J.R.Archana, Government Advocate (Crl. Side), For R1.

No appearance - R2.

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O R D E R

The petitioner herein apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 420, 498(A), 312, 294(b) & 506(2) of IPC in Crime No.42 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners are relatives of A1, who is the husband of the defacto complainant. The marriage between the defacto complainant and A1 took place on 09.12.2021. It is further alleged that after some time, the petitioners demanded a sum of Rs.10,00,000/- and other household articles for conducting marital life, and thereby harassed the defacto complainant. Hence, the present case.

3. Earlier, this Court granted interim anticipatory bail to the petitioners and also directed A1 to appear before the Mediation Centre. Subsequently, the matter was listed. The learned counsel for the petitioners submitted that the mediation proceedings failed and that the allegations against the petitioners are false. It is further submitted that the petitioners are ready to cooperate with the investigation. Hence, he prays to grant anticipatory bail to the petitioners.

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4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners had harassed the defacto complainant. Hence, he opposed to grant of anticipatory bail to the petitioners.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the nature of the allegations, the limited role attributed to the petitioners, the fact that they are relatives of A1, and also taking into account of facts alleged in F.I.R., custodial interrogation of the petitioners is not necessary, 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 of receipt of a copy of this order, before the learned Additional Mahila Neethimandram, Ariyalur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with two sureties each for a like sum to the satisfaction 3/6

of the learned Magistrate concerned, and on further condition that: [a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, 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 the identity proofs to ensure their identity;

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

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.01.2026 kmm To

1. The Additional Mahila Neethimandram, Ariyalur.

2. The Inspector of Police, All Women Police Station, Ariyalur, Ariyalur District.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

kmm CRL.O.P.No.30258 of 2022 02.01.2026 6/6