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Madras High CourtCRL OP/34922/2025granted

Dhanam v. The State Rep. By The Inspector Of Police,

2025-12-19Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.34922 of 2025

1. Dhanam

2. Anbu

3. Sakthivel

4. Santha @ Santhammal

5. Karpagam ... Petitioners Vs.

The State rep by The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District.

... Respondent 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 in Crime No.491 of 2025 pending investigation on the file of the respondent.

For Petitioners : Mr.E.Kannadasan For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections 296(b), 118(1), 351(3), 78 of BNS, 2023 (under Sections 294(b), 324, 506(ii). 354(D) of IPC in Crime No.491 of 2025, on the file of the respondent police seek anticipatory bail.

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2. The allegation against the petitioners is that the petitioners are the family members of A1 in this case and A1 has tortured the defacto complainant's daughter under the guise of love affair and also criminally intimidated her. The further allegation is that the petitioners herein have gone to the defacto complainant'house, abused and assaulted the defacto complainant and his family members. Hence, the complaint. ansp3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they are ready to cooperate with the investigation. Therefore, he prayed that anticipatory bail be granted to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that injured has been discharged from the hospital Hence, he opposed the grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the nature of the allegations, the injured discharged from the hospital and the major allegations only against A1, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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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 Judicial Magistrate-II, Thirupathur on condition that each of the petitioners shall execute separate bonds 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 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 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 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 3/5

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.

19.12.2025 Vv To

1. The Judicial Magistrate-II, Thirupathur

2. The Inspector of Police, Thirupathur Taluk Police Station, Thirupathur District.

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

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K.RAJASEKAR , J.

Vv Crl.O.P.No.34922 of 2025 19.12.2025 5/5