R.M.Arunachalam v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN 1.R.M.Arunachalam 2.Sengamalaselvi 3.Ramanathan ... Petitioners Vs.

State represented by, The Inspector of Police, W5 AWPS, Chitlapakkam Police Station, Jothi Nagar, Chitlapakkam, Chennai, Tamil Nadu 600 064.

(Crime No.not known of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), to enlarge the petitioners 1 to 3 on bail in the event of their arrest in Crime No.Not known of 2025 on the file of the Respondent herein.

For Petitioners :

M/s.Kamachi.D For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) For Intervenor :

Mr.D.Thirugnanam **********

O R D E R

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The petitioners herein apprehend arrest at the hands of the respondent police for offences punishable under Sections 127 and 85 of the BNS, in Crime No.(Not known) of 2025, on the file of the respondent police, and seek anticipatory bail.

2. The learned counsel for the petitioners submits that the matrimonial dispute between the husband and wife has led to this complaint. The earlier complaint was closed. He further submitted that the husband has already initiated H.M.O.P proceedings for annulment of marriage, in which the Hon'ble High Court, Madurai Bench, has referred the matter to mediation, and the matter is still pending before the Mediator. He further submitted that the petitioners are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

3. The learned counsel for the intervenor submits that, apart from this complaint to the Commissioner of Police, the wife/complainant has also initiated a private complaint.

4. The learned Government Advocate (Crl.Side) submits that it is a matrimonial dispute. Earlier, C.S.R.No.432 of 2023 was registered and closed. Later, complaint petition No.2995/AL/SCR/COPG/25 was received by the respondent police from the Assistant Commissioner of Police, and the same is 2/4

pending for enquiry.

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

6. On considering the fact that the matter has already been seized by the Hon'ble Supreme Court for amicable settlement and referred for mediation, the respondent police shall not precipitate the matter by taking any coercive steps. The petitioners are directed to appear before the respondent police on receipt of summons and co-operate with the enquiry. On such co-operation, the respondent police shall complete the enquiry, file a report, and proceed in accordance with law.

7. Accordingly, this Criminal Original petition is disposed of. 15.09.2025 nvi To

1. The Judicial Magistrate, Tambaram

2. The Inspector of Police, W5 AWPS, Chitlapakkam Police Station, Jothi Nagar, Chitlapakkam, Chennai, Tamil Nadu 600 064.

3. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN, J.

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