Jhorj Pernandas @ Santhosh @ George Bernandez v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.12.2025 CORAM :
THE HONOURABLE MR. JUSTICE P.DHANABAL Jhorj Pernandas @ Santhosh @ George Bernandez ... Petitioner/Accused-1 Vs.
The State Rep. by, the Inspector of Police, Kandamangalam Police Station, Villupuram District.
(Crime No.284 of 2025) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of BNSS Act, 2023, praying to enlarge the petitioner on Bail in the event of arrest in connection with Crime No.284 of 2025 on the file of the respondent police. For Petitioner : Mr.Muruganandham.K For Respondent : Mr.S.Udaya Kumar, Government Advocate (Crl.Side)
ORDER
The petitioner apprehends arrest for the alleged offences under Sections 115(2) and 351(3) of BNS, 2023 in connection with Crime No.284 of 2025, on the file of the respondent police seeks anticipatory bail. Page No.1 of 6
2. The case of the prosecution is that the petitioner and the de-facto complainant are husband and wife. Due to matrimonial dispute, on 12.07.2025, the petitioner demanded dowry and assaulted the de-facto complainant, which she attempted to commit suicide by using her shawl and admitted in hospital. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the de-facto complainant and the petitioner has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to furnish substantial sureties for his due release and to abide by any conditions that may be imposed by this Hon'ble Court and therefore, he prayed to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and opposed for the grant of anticipatory bail to the petitioner. However, he would submit that there is no previous case against the petitioner and the de-facto complainant has been discharged from the hospital.
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5. Heard the learned counsel on either side and perused the materials available on record.
6. Considering the submissions made by the learned counsel on either side, the nature of offence and also the fact that the de-facto complainant has been discharged from the hospital and no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. 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 of receipt of a copy of this order before the Judicial Magistrate No.II, Villupuram on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs Page No.3 of 6
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 on every Saturday at 10.30 a.m., for a period of four weeks. [c] the petitioner shall not tamper with evidence or 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)13 SCC 283].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
30.12.2025 vm/Jd Index: Yes/No Speaking/Non-speaking order Internet:Yes Page No.4 of 6
Note:
1. Registry is directed to forthwith upload this order in the official website of this Court.
2. All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To:
1.The Judicial Magistrate No-II, Villupuram District.
2.The Inspector of Police, Kandamangalam Police Station, Villupuram District.
3.The Public Prosecutor, High Court of Madras.
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P.DHANABAL,J.
vm/Jd 30.12.2025 Page No.6 of 6