B.Suresh Kumar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.30313 of 2025 B.Sureshkumar ... Petitioner

Versus

The State rep by its, The Inspector of Police, All Women Police Station, Sirkazhi, Mayiladuthurai District.

(Crime No.13 of 2023) .. Respondent Prayer:- Criminal Original Petition filed under Section 482 of B.N.S.S., to enlarge the petitioner on bail in the event of his arrest in Crime No.13 of 2023 on the file of the respondent police.

For Petitioner :

M/s.V.Vadivalagia Nambi For Respondent :

Mr.S.Udaya Kumar, Government Advocate (Crl. Side)

O R D E R

The petitioner, who apprehends arrest by the respondent police for the offence punishable under Sections 147, 294(b), 498(A) and 506(i) of IPC, in Crime No.13 of 2023 seeks anticipatory bail. 2.The allegation against the petitioner is that he is the brother-in-law 1/5

of the defacto complainant, and the defacto complainant has lodged the present complaint against the petitioner and his family members alleging that they demanded dowry, instigated her family members, assaulted and harassed her, and repeatedly abused her. Unable to bear such harassment, she lodged the complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has been falsely implicated in this case. He further submitted that the petitioner is the brother-in-law of the defacto complainant and the case was registered in the year 2023. He further submitted that the co-accused were granted anticipatory bail by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the coaccused were granted bail by this Court and the investigation is still pending. However, he opposed for grant of anticipatory bail to the petitioner.

5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Admittedly, the case was registered in the year 2023, and the 2/5

petitioner is not the husband of the defacto complainant but only brotherin-law. The majority of the allegations are attributed as against her husband. Since the custodial interrogation of the petitioner is not required for the purpose of interrogation, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen

(15) days from the date of receipt of a copy of this order before the learned Judicial Magistrate, Sirkazhi, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police, everyday at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation;

(c) the petitioner shall not tamper with evidence or 3/5

witness either during investigation or trial; (d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 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 Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

06.11.2025 drl To 1.The Judicial Magistrate, Sirkazhi.

2. The Inspector of Police, All Women Police Station, Sirkazhi, Mayiladuthurai District.

3.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J.

drl 4/5

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