R . Silambarasan v. 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 1.R.Silambarasan 2.Ajith 3.Kalpana ... Petitioners Vs.

The State Rep. by, The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City, Coimbatore District, Crime No.236 of 2025.

... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant an anticipatory bail to the petitioners in the event of their arrest in Crime No.236 of 2025 on the file of respondent Police. For Petitioners :

Mr.C.S.Saravanan For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) For Intervener : Mr.R.Ragavendran 1/6

O R D E R

The petitioner herein apprehends arrest in Crime No.236 of 2025 registered on the complaint given by one Manimala for the alleged offence punishable under Sections 115(2), 329(4), 127(2) and 351(2) of BNS 2023 (323 IPC, 448, 342 and 506(ii) of IPC) and under Sections 417 and 420 IPC r/w 4 of the Prohibition of Harassment of Women Act, 2002.

2. On reading of the First Information Report in Crime No.236 of 2025 dated 01.08.2025 indicates that the first petitioner is a practicing Advocate and 2nd petitioner is a law student and the third petitioner is the wife of the first petitioner. The defacto complainant claims that she got acquiantance with the first petitioner as a client. Later the first petitioner and the defacto complainant fell in love and had sexual relationship. Later it is alleged that this petitioner borrowed a sum of Rs.50,000 from her on several occasions and in installments got about Rs.2,00,000/- promising her to get a job. Meanwhile, without her knowledge, he married the third petitioner. It is further alleged in the complaint that the first petitioner took her in one of the place along with the concern of the second petitioner and threatened her with dire consequences. 2/6

3. The learned Government Advocate (Crl.Side) submits that the complaint is under investigation.

4. Considering the nature of the crime and the fact that there is a money dispute between the first petitioner and the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order before the learned Additional Mahila Court (Magistrate), Coimbatore, on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioners fails to surrender before the said Magistrate within a period of ten 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 3/6

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, until further orders. [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];

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

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To 1.The Additional Mahila Court (Magistrate), Coimbatore, 2.The Inspector of Police, Kuniyamuthur Police Station, Coimbatore City, Coimbatore District,

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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