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Madras High CourtCRL OP/34095/2025granted

Giriprasath v. State Of Tamil Nadu Represented By, The Inspector Of Police,

2025-12-12Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR 1.Giriprasath

2. Sundarrajan

3. Pushpavalli ... Petitioners Vs.

State By, The Inspector of Police, AWPS - Ammapet Police Station, Salem City, Salem District.

Crime No.70 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of his arrest in Crime No.70 of 2025 on the file of the respondent police.

For Petitioners :

Mr.Vengadesh Raja V K For Respondent :

M/s.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioners herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498A of IPC in Crime No.70 of 2025, on the file of the respondent Police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner is the husband and the 2nd & 3rd petitioners are in-laws of the defacto complainant and they demanded more dowry from her and also harassed her. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that there are matrimonial proceedings pending between the 1st petitioner and the defacto complainant and the 1st petitioner has filed petition for restitution of conjugal rights and subsequently it was withdrawn and divorce proceedings is pending between them. He further submitted that the domestic violence case is also filed by the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the investigation is pending. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the fact that there are matrimonial proceedings pending between the 1st petitioner and the defacto complainant, there is no necessity for custodial interrogation to investigate the case of this case native, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on is appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Additional Mahila Fast Track Court, Salem on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioners fails to surrender before the concerned Magistrate within a period of fifteen 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 the identity proofs to ensure their identity;

[c] the petitioners shall report before the respondent police daily 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 12.12.2025 sma

To

1. Additional Mahila Fast Track Court, Salem 2.The Inspector of Police, AWPS - Ammapet Police Station, Salem City, Salem District.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

sma 12.12.2025