Bagavathi @ Balachandar v. The State Of Tamilnadu

CRL OP(MD) NO. 2929 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-11-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 2929 of 2025 Bagavathi @ Balachandar Petitioner(s) Vs The State of Tamilnadu Rep. by The Inspector of Police All Women Police Station Manaparai, Trichy.

Crime No. 53/2024.

Respondent(s) For Petitioner(s): Mr.S. Manojkumar For Respondent(s): M/s.M.Aasha, Government Advocate (Crl.side) For Intervenor : Mr.M.Pitchaimuthu Prayer:

C-29AB. For Anticipatory bail in Crime No. 53 of 2024 on the file of the Respondent Police.

ORDER: The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 494 and 506(i) of IPC in Crime No.53 of 2024, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant was married to the 1st accused on 06.07.2022 by the family members and elders. During the marriage, defacto compliant's parents gifted gold ornaments and house hold things. The defacto complainant's in-laws demanded dowry in the year 2022. The couple were blessed with one boy baby. The 1st accused married the 5th accused on 07.11.2024 by the help of in her laws. Hence, the apprehension of arrest. 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 the petitioner 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 the offences committed by the petitioner are serious in nature. 5.This Court has already directed the respondent police not to arrest the petitioner and has referred the matter to the Mediation and Conciliation Centre. It is reported that the parties have settled in the mediation. In the terms of agreement, it was agreed that the defect complaint would receive Rs.3 Lakhs /- as one time settlement. The petitioner has already paid the said Rs.3 Lakhs/- and the defacto complainant has received the same. The parties have also agreed to withdraw the HMOP No. 66 of 2023 on the file of the Sub Court, Manapparai and they would file a fresh petition for mutual divorce. All the other criminal cases and maintenance cases would be withdrawn.

6.The above said terms of agreement are recorded. The settlement agreement shall form part of this order. If any petition for mutual divorce is presented before the concerned Court, the same shall be considered without waiting for the cooling period. 7.Therefore, based on the settlement agreement, this Court is inclined to grant

anticipatory bail to the petitioner with certain conditions. 8.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 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 Learned Judicial Magistrate, Manapparai, within a period of fifteen days from the date of receipt of a copy of this order and 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 report before the respondent police as and when required. [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].

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

06-11-2025 Tmg To

1. The Inspector of Police, All Women Police Station, Manaparai, Trichy.

2.The Judicial Magistrate, Manapparai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.