Velmurugan v. State Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. VELMURUGAN Petitioner(s) Vs
1. State Represented by its The Inspector of Police, AWPS Thirukoilur police Station, Kallakurichi. Crime No. 108/2025.
Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in event of arrest in Crime No. 108/2025 pending investigation on the file of the respondent police.
For Petitioner(s):
Mr.S.Vellidoss For Respondent(s):
Ms.J.R.Archana Government Advocate(Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 85, 296(b), 351(3) of BNS, in Crime No.108 of 2025, seeks anticipatory bail.
2. The allegation against the petitioner is that he is the husband of the defacto complainant, and their marriage took place in 2021. After the marriage, the petitioner took 15 sovereigns of gold jewellery and other articles and refused to return them, leading to a quarrel. It is alleged that the petitioner continuously harassed her and threatened with dire consequences, prompting her to lodge a complaint in 2024. Even after the birth of their child, the petitioner did not show any interest in seeing the child and he joined hands with other members of his family and attempted to take the child away from her. Hence the case. 3.The learned counsel for the petitioner submitted the allegations made against the petitioner are false and baseless.
He further submitted that the petitioner has been implicated in the case due to the matrimonial disputes and petitioner is ready to abide any conditions that may be imposed by this Court. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.
sovereigns and the investigation in this case is still pending and opposed for the grant of anticipatory bail to the petitioner.
5. I have gone through the FIR and it revealed various facts including the fact that the petitioner has extorted 15 sovereigns of gold jewels from the victim and also attacked her and also intimidated her and all the transactions were taken place prior to 2024, I am inclined to grant anticipatory bail to the petitioner, subject to 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 Judicial Magistrate-I, Kallakurachi on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (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 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 daily at 10.30 a.m., for a period of six 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 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];
(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
03-12-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.State Represented by its The Inspector of Police, AWPS Thirukoilur police Station, Kallakurichi. Crime No. 108/2025.
2.The Judicial Magistrate-1, Kallakurachi.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
gbi CRL OP No. 32213 of 03-12-2025