Sakthivel v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Sakthivel ... Petitioner Vs.
The State Rep. by, The Inspector of Police, Muthupettai All Women Police Station, Muthupettai, Thiruvarur District.
Crime No.2 of 2024.
... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner in the event of apprehending arrest in Crime No.2 of 2024 on the file of respondent Police. For Petitioner :
Mr.B.Johnpaul Balusamy For Respondent :
Mr.S.Udayakumar Government Advocate (Criminal Side)
O R D E R
Petition for anticipatory bail filed by the husband apprehending arrest on the complaint given by his wife pending investigation in Crime No.2 of 2024 for the alleged offence punishable under Sections 313, 498(A) and 506(2) of IPC and Section 4 of the Dowry Prohibition Act.
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2. The learned counsel appearing for the petitioner suhmits that totally there are 5 accused in this case, wherein the in-laws who are A1 to A5 were already granted anticipatory bail by this Court. He further submitted that the petitioner is in Singapore at present and he is ready to abide by any conditions that may be imposed by this Court.
3. On perusal of the record it is seen that the anticipatory bail filed by the other accused was allowed by this Court on the condition that the petitioners should pay a sum of Rs.15,000/- per month as interim maintenance until further orders. The counsel for the petitioner submits that this conditions was scrupulsory complied till date and the petitioner has already filed divorce petition and the same is pending in HMOP.No.98 of 2025 on the file of the Sub Court, Nagapattinam.
4. Considering the fact that the anticipatory bail was granted to the other accused, this Court is inclined to grant anticipatory bail to this petitioner subject to certain conditions.
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5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 22.09.2025, before the learned Judicial Magistrate, Thiruthuraipoondi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate on or before 22.09.2025, this Order shall stand automatically cancelled and no further extension will be granted to the petitioner;
[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 petitioner shall report before the respondent police from 22.09.2025 daily at 10.30 a.m., for a period of 15 days 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 petitioner in accordance with law as if the aforementioned conditions have been imposed 3/5
and the petitioner 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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
04.09.2025 drl To 1.The Judicial Magistrate, Thiruthuraipoondi 2.The Inspector of Police, Muthupettai All Women Police Station, Muthupettai, Thiruvarur District.
3. The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN, J.
drl 04.09.2025 5/5