Ramakrishnan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL 1.Ramakrishnan 2.Chinnammal 3.Sarothani ... Petitioners/Accused Rank Not Known Vs The State of Tamil Nadu, Rep by the Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

Crime No.32 of 2025 ... Respondent/Complainant For Petitioners :

Mr.M.Manimuthu For Respondent :

Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.32 of 2025 on the file of the respondent-police. 1/7

ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 07.03.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioners apprehend arrest at the hands of the respondent-police. Initially the case was registered in Crime No.32 of 2025 under Section 194(3)(i) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and altered into the offence punishable under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023 on the file of the respondent-police.

3. The case of the prosecution is that the defacto complainant's daughter was married to A1, and they were living separately. While so, on 17.01.2025, at about 01.15 p.m., the defacto complainant received shocking news that her daughter had committed suicide by hanging herself. Upon investigation, it was revealed that A1, along with his parents and sister, had been torturing the deceased and abetting her to commit suicide. Hence, the case.

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4. Mr.M.Manimuthu, learned counsel appearing for the petitioners submits that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He however submits that the petitioners are ready to abide by any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail to the petitioners.

5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that the first petitioner has not been arrayed as an accused in this case. He further submits that the investigation has not been completed and only six witnesses have been examined by the Investigating Officer. He further submits that the investigation conducted so far reveals that the daughter of the defacto complainant committed suicide only due to the torture inflicted by the petitioners 2 and 3 and A1. Therefore, he prays to dismiss this Criminal Original Petition.

6. Heard on both sides. This Court has perused the records including the First Information Report and RDO Enquiry Report.

7. It is stated by the learned Government Advocate (Crl. Side) that the first 3/7

petitioner, namely, Ramakrishnan has not been arrayed as an accused in this case. The above submission is recorded. Hence, this Criminal Original Petition qua first petitioner is dismissed as he has no reasonable apprehension of arrest at the hands of the respondent-Police in connection with the present crime.

8. Considering the fact that the petitioners 2 and 3 are women and they have permanent residence and deep roots in the Society and therefore, there is less possibility of absconding. It is stated that the 3rd petitioner is a College going student aged 21 years and she is unmarried. Considering the same and in view of the overt act allegedly committed by the petitioners 2 and 3, this Court is of the view that custodial interrogation of the petitioners 2 and 3 is not necessary in this case. Hence, this Court is inclined to grant an order of pre-arrest bail to the petitioners 2 and 3 subject to the following conditions:

(i) The petitioners 2 and 3 shall be released on bail in the event of their arrest or in the event of their surrender before the learned Judge, Additional Mahila Court, Dindigul District, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judge, 4/7

Additional Mahila Court, Dindigul District;

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioners 2 and 3 shall make themselves available for interrogation by a police officer as and when required;

(iv) The petitioners 2 and 3 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (v) The petitioners 2 and 3 shall not leave India without the previous permission of the Court;

(vi) The second petitioner shall appear and sign before the respondent-Police daily at 10.00 a.m. until further orders. The third petitioner shall appear and sign before the respondent-Police weekly once i.e., on every Sunday at 10.00 a.m. until further orders;

(vii) The petitioners 2 and 3 shall furnish their residential address and mobile number to the learned Judge, Additional Mahila Court, Dindigul District; (viii) The petitioners 2 and 3 shall not, directly or indirectly, cause any threat to 5/7

the defacto complainant and witnesses and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Court as the case may be, is entitled to pass appropriate orders against the petitioners 2 and 3 in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition qua petitioners 2 and 3 is allowed subject to the conditions stated supra and dismissed qua first petitioner. sd/- 25/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MBI TO 1 THE JUDGE ADDITIONAL MAHILA COURT, DINDIGUL DISTRICT.

2 THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.

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3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.J.THIRUPATHIRAJ, Advocate ( SR-3379[I] dated 25/03/2025 )

ORDER

IN CRL OP(MD) No.4511 of 2025 Date :25/03/2025 HPS/SAR / 23.04.2025/7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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