Esakkiraj v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Ambasamudram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No. 2465 of 2026 Esakkiraj

...Petitioner

Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, AWPS -Ambasamudram Police Station, Tirunelveli District.

(Crime No. 51 of 2025) ... Respondent For Petitioner : Mr.N. Vignesh For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No. 51 of 2025 on the file of the respondent police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections Sections 296(b), 85 of BNS Act and Section 4 of Dowry Prohibition Act, seeks anticipatory bail. 1/4

2. The case of the prosecution is that due to matrimonial dispute, the accused persons have demanded more dowry and also abused the defacto complainant by using obscene words and subjected her to cruelty which drove her to attempt suicide. Hence, a case has been registered as against the petitioner.

3. The learned Counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he has not committed any offence. He seeks this Court to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that matrimonial dispute is pending between the parties.

5. Considering the facts and circumstances of the case and also considering the fact that matrimonial dispute is pending between the parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall 2/4

execute a 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 Judicial Magistrate Court, Ambasamudram, within a period of fifteen days from the date of when the order copy made ready on further conditions that:

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with the 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 is 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)AIR SCW 5560].

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[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

09.02.2026 KSA TO 1.The Inspector of Police, AWPS Ambasamudram Police Station, Tirunelveli District.

2.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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