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Madras High CourtCRL OP/26552/2025granted

Francis Arnett Dominic v. The Inspector Of Police,

2025-09-25Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Francis Arnett Dominic S/o.Janet Dominic, D.No.34D/3, Perumalpuram, Garden Street, Palayamkottai, Tirunelveli District.

Petitioner(s) Vs

1. The Inspector of police, All Women Police Station-East (Coimbatore City), No 67, Suba Complex, Coimbatore Ho, Coimbatore - 641001 Respondent(s) PRAYER To enlarge the Petitioner on bail in the event of arrest by the Respondent, in Crime No.32 of 2025 pending on the file of the Inspector of Police, All Women Police Station- East (Coimbatore City, and pass such further or other orders as this Honble Court may deem fit in the circumstances of the case and thus render justice.

For Petitioner(s):

J.Aakash Clinton K.Newlin Frederick V.Rajesh Babu J.Pandi Dorai M.Kamal Kumar For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioner apprehends arrest for the alleged offence under Section 85 of BNS Act in Crime No.32 of 2025, on the file of the respondent police seeks anticipatory bail.

2. The allegation against the petitioner is that he is the husband of the defacto complainant and was working in Singapore, and after their marriage, the relationship was not cordial. It is further alleged that he did not treat the victim properly and harassed her continuously. It is further alleged that they demanded gold jewels for continuation of their matrimonial life. Hence the complaint.

3. The learned counsel for the petitioner submitted that this is a false complaint. They lived together for only about two months and there was no

harassment. He further submitted that the petitioner has initiated divorce proceedings in D.O.P.No.132 of 2024. Therefore, he prays to grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed granting anticipatory bail to the petitioner and reiterated the prosecution case.

5. Considering the fact that there is an allegation of a matrimonial dispute and already the petitioner has already filed divorce in D.O.P.No.132 of 2024, custodial interrogation in this case is not necessary, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Additional Mahila Court(Magisterial Level), Coimbatore, 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 of the learned Magistrate concerned, and on further condition: (a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the

conditions have been imposed 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 v. State of Kerala [(2005) AIR SCW 5560];

(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

25-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Additional Mahila Court(Magisterial Level), Coimbatore. 2.The Inspector of police, All Women Police Station-East (Coimbatore City), No 67, Suba Complex, Coimbatore Ho, Coimbatore - 641001 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

mpa CRL OP No. 26552 of 25-09-2025