Mohanraj v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14.10.2025 PRESENT THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD). No.3681 of 2025

1. Mohanraj

2. Ganesan 3.Susila

4. Anbukarasi

5. Vivekanandan ... Petitioners/A-1 to R-5 Vs The State Rep By The Inspector of Police, Y.Othakadai Police Station, Y. Othakadai, Madurai District.

(Crime No.489 of 2019) ... Respondent/Complainant For Petitioners : Mr.R.Venkatesan For Respondent : Mr. S.S.Manoj Government Advocate (Crl.Side) For Intervener : Mr.Na.Manimaran 1/8

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.489 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 120(b), 406, 420, 506(ii) of IPC read with Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.489 of 2019 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner is husband of the defacto complainant and other are in-laws. The allegation against the petitioners is that they threatened the defacto complainant with dire consequences, cheated her, and obtained jewels from her. Hence, the present complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the 2/8

petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, they seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the 1st petitioner is husband and other petitioners are in-laws of the defacto complainant.

5. Pending this petition, this Court has granted interim anticipatory bail and this matter was referred to Mediation. Today, it is reported that parties have settled the issue in the mediation. The relevant paragraph No.6 in the mediation report is extracted hereunder:

6. The following settlement has been arrived at between the parties hereto:

A. The parties entered into a mutual divorce application filed before the Sub Court of Melur. As part of the one-time settlement of Rs.8,50,000/-[Rupees Eight Lakhs and Fifty Thousand] the defacto complainant Geetha (wife) received Rs.1,00,000/-[Rupees One Lakh] today (13.10.2025) via Demand Draft (DD) No.199377 from SBI.

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B. The parties filed mutual divorce application before the November 19, 2025. On the same day, Mohanraj (Husband) must hand over the Rs.1,00,000/-to Geetha (Wife) and the remaining Rs.6,50,000/-within 19.05.2026 date on the before has to be given to Geetha. C. The first petitioner, Mohanraj (Husband), has withdrawn the divorce application currently pending before the Kodaikanal Sub Court in H.M.O.P. No.111 of 2022. He has also agreed to withdraw the criminal case registered in Crime No.6 of 2025 at the All Women Police Station, Kodaikanal. And the defacto complainant, Geetha (wife), has agreed to withdraw the criminal complaint in Crime No.489 of 2019 registered at Y.Othakadai Police station, Madurai. Both the parties agree not to make any future claims related to these matters".

5. By taking all these reasons into consideration, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each 4/8

of 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 Judicial Magistrate Court, Melur, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioners 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 parties shall abide by the conditions agreed upon in the terms of the contract in the mediation. In case of any violation of these conditions, the parties are at liberty to approach the Court.

[c] the petitioners shall report before the respondent police as and when required for interrogation. [d]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [e]the petitioners shall not abscond either during investigation or trial.

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[f]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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].

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

(S S Y J) 14.10.2025 KSA 6/8

To

1. The Judicial Magistrate Court, Melur 2.The The Inspector of Police, Y.Othakadai Police Station, Y. Othakadai, Madurai District.

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

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S.SRIMATHY, J.

KSA

ORDER

IN CRL OP(MD) No.3681 of 2025 Date :14.10.2025 8/8