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Madras High CourtCRL OP(MD)/5175/2026granted

Arun Pandian v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Srivilliputhur

2026-03-11Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/03/2026

CORAM

THE HONOURABLE MR. JUSTICE K.K. RAMAKRISHNAN T.Arun Pandian ... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, AWPS-Srivilliputhur, Srivilliputhur, Virudhunagar District.

(Crime No. 05 of 2026). ... Respondent/Complainant PRAYER :- For Anticipatory Bail in Crime No. 05 of 2026 on the file of the Respondent Police.

For Petitioner : Mr.Tamil Law Firm, Advocate.

For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) 1/6

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 296(b) and 351 of BNS, 2023 ( 294(b) & 506(i) of IPC) and Section 4 of TNPHW and Section 4 of Dowry Prohibition Act, in Crime No.5 of 2026, on the file of the respondent police, seeks anticipatory bail.

2. According to the prosecution, the complainant and the petitioner are the husband and wife. The petitioner is working as Junior Assistant in CBSC Department. At the time of marriage, she was given 35 sovereigns of gold jewels and household articles worth about Rs.2 lakhs. Even thereafter, the complainant was subject to the dowry harassment and cruelty at the hands of the family members of the petitioner. In result, she left the matrimonial home on 16.02.2024 and made a complaint before the respondent police on 30.09.2024 and subsequently, made a complaint to the Superintendent of Police, Srivilliputhur, on 24.06.2025. Since there is no progress, she filed a petition before the learned Jurisdictional Magistrate under Section 156(3) Cr.P.C., Upon receipt of the direction given by the learned Jurisdictional Magistrate, present case has been 2/6

registered against the petitioner for the aforesaid offences. Hence, this petition.

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 further submitted that the petitioner filed a divorce petition in HMOP.No.88 of 2025 before the Subordinate Judge, Ambattur. Since the non-appearance of the complainant, the same was decreed in favour of the petitioner. Further, the divorce petition filed by the complainant in HMOP.No.45 of 2025 was dismissed in default. Hence, she filed a petition complaint under Section 156(3) Cr.P.C, against the petitioner herein and there is no truth in the allegation made by her. Hence, he seeks this Court to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) appearing for the respondent on instructions, submitted that the investigation is in preliminary stage. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

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5.Considering the submission of the learned counsel appearing for the petitioner that after divorce petition, the defacto complainant has filed a petition before the learned Judicial Magistrate, under Section 156(3) Cr.P.C., and the same was forwarded to the respondent police to register a case, 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 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 Additional Mahila Judge (Judicial Magistrate) Srivilliputhur, within a period of fifteen days from the date on which the order made ready 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 every Sunday at 10.30 a.m., until further orders. 4/6

[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.

11.03.2026 dss To

1. The Additional Mahila Judge (Judicial Magistrate), Srivilliputhur.

2.The Inspector of Police, AWPS-Srivilliputhur, Srivilliputhur, Virudhunagar District.

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

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K.K. RAMAKRISHNAN,J dss

ORDER

IN CRL OP(MD) No.5175 of 2026 Date : 11/03/2026 6/6