Anantharaj v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.31172 of 2025

1. Anantharaj

2. Annamalai

3. Lalitha ... Petitioners Vs.

Inspector of Police, All Women Police Station, Chinnaselam, Kallakurichi District.

... Respondent (Cr.No.75 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail in the event of their arrest at the hands of the respondent police in connection with Cr.No.75 of 2025, on the file of the Inspector of Police, All Women Police Station,Chinnaselam, Kallakurichi District.

For Petitioners : Mr.M.Velmurugan For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 64, 69, 89, 296(b), 351(2) BNS 2023, in Crime No.75 of 2025, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that, the first petitioner herein had developed relationship with the victim, who is aged about 28 years and after making promise to marry her and had sexual relationship with her, which resulted in pregnancy. Hence, she had demanded that the first petitioner and his family members arrange the marriage, for which the other petitioners opposed, and instead they suggested that she should undergo a miscarriage. Accordingly, miscarriage was done. Thereafter, they have started to harass the victim and refused to conduct marriage between A1 and the victim and this leading to the registration of an FIR . Hence, the present case.

3. The learned counsel appearing for the petitioners submitted that the first petitioner was having a relationship with the victim, it is only a consensual relationship and the first petitioner and he had not promised her for arranging marriage and also forced the victim to undergo miscarriage. Hence, he prayed for grant of anticipatory bail to the petitioners. 2/6

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that FIR has been registered recently and investigation is pending. Hence, he opposed the grant of anticipatory bail to the petitioners.

5. I have gone through the FIR, which revealed that the first petitioner and the victim were in relationship for nearly five years, during which she became pregnant and a miscarriage was subsequently carried out.

6. Considering the age of the victim and other facts, the custodial interrogation of the petitioner is not necessary. Hence, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen (15) days from the date on which the order copy made, before the learned District Munsif & Judicial Magistrate, Chinnaselam, on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- 3/6

(Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that: (a) If the petitioners 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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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]; 4/6

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

(f) the petitioner No.1 shall cooperate for the medical examination if any, required by the Investigating Officer. 14.11.2025 Vv To

1. The District Munsif & Judicial Magistrate, Chinnaselam

2. The Inspector of Police, All Women Police Station, Chinnaselam, Kallakurichi District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

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K.RAJASEKAR , J.

Vv Crl.O.P.No.31172 of 2025 14.11.2025 6/6