Manikkam, v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-03-2025

CORAM

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Manikkam ... Petitioner Vs State of Tamil nadu, rep., by The Inspector of Police, Reddiyachatram Police Station, Dindigul District.

Crime No.203 of 2024 ... Respondent PRAYER :- The Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner/accused No.1 on bail in the event of his arrest in Crime No.203 of 2024 pending investigation on the file of the respondent Police.

For Petitioner :

Mr.P.Palani For Respondent :

Mr.K.Sanjai Gandhi Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 20.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

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2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Section 194(3)(iii) of BNSS, 2023 @ Sections 85 and 108 of BNS, 2023 in Crime No.203 of 2024 on the file of the respondent-police.

3. The case of the prosecution is that the deceased married the petitioner in the year 2022. After the marriage, the petitioner harassed the deceased demanding more dowry. Due to same, the wife of the petitioner committed suicide by hanging herself. Hence, the complaint.

4. Mr.P.Palani, the learned counsel for the petitioner, submits that the petitioner is an innocent person, and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police submits that due to harassment made by the petitioner, his wife/deceased committed suicide, and that there is no change in 2/4

circumstances. He further submits that if pre-arrest bail is granted to the petitioner, he will cause threat to the defacto complainant and the family members of the deceased and also tamper with evidence. Hence, he prays for dismissal of this petition.

6. Heard on both sides. This Court has perused the records.

7. This is the third pre-arrest bail petition. The petitioner earlier filed Crl.O.P (MD).No.21644 of 2024 and the same was dismissed vide order dated 10.12.2024. Again, the petitioner filed Crl.O.P(MD).No.666 of 2025 and the same was also dismissed by observing that there are no change in circumstances.

8. Today, this Court specifically put a question to the learned counsel appearing for the petitioner as to whether there is any change in circumstances between 10.01.2025 and 10.02.2025. The learned counsel fairly submits that there is no change in circumstances. In this regard, the learned Government Advocate (crl.side) submits that investigation has not been completed, and therefore, custodial interrogation of the petitioner is necessary to unearth the truth. 3/4

9. In view of the above submissions, this Court is not inclined to allow this petition. Accordingly, this Criminal Original Petition is dismissed. sd/- 06/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Rmk To 1.The Inspector of Police, Reddiyachatram Police Station, Dindigul District.

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

ORDER

IN CRL OP(MD) No.3404 of 2025 Date :06/03/2025 HPS/SAR / 24.03.2025/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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