A.Selvaraj v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL
1. A.Selvaraj, 1/39, Agraharam, Perur, Kulumani Post, Srirrangam Taluk, Tiruchirappalli District.
2. S.Rajinidevi, W/o A.Selvaraj, 1/39, Agraharam, Perur, Kulumani Post, Srirrangam Taluk, Tiruchirappalli District.
3. V.Lakshmi, D/o Veeramani, No.1/74, Mariamman Kovil Street, Ellakudi, Thiruverumbur Taluk, Tiruchirappalli District. ... Petitioners/Accused (Rank not known) Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District. Crime No. 28/2024.
... Respondent/Complainant For Petitioners : Mr.M.Kannan, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.28 of 2024 on the file of the respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 24.03.2025 under Section 482 of the 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 for the offences punishable under Sections 498(A), 494 and 406 of IPC r/w Section 4 of Dowry Prohibition Act in Crime No.28 of 2024 on the file of the respondent-police.
3. The case of the prosecution is that due to a matrimonial dispute between the first accused and the defacto complainant, they are living separately. The allegations against the petitioners is that they refused to return the jewellery and money that belongs to her and also commit bigamy. Hence, the case.
4. Mr.M.Kannan, the learned counsel for the petitioners, submits that the 2/6
petitioners are innocent persons and they have not committed 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. He further submits that petitioner Nos.1 and 2 are the father and mother of the first accused. The petitioner No.3 is the alleged second wife of the first accused. Accordingly, he prays to grant an order of pre-arrest bail to the petitioners.
5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioners herein demanded additional dowry from the defacto complainant. He further submits that if pre-arrest bail is granted to the petitioners, they may cause threat to the defacto complainant and witnesses. However, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. Considering the facts and circumstances of the case, and considering the nature of the offence alleged against the petitioners, and also considering the fact that the petitioners have permanent residence and deep roots in the society and therefore, there is less possibility of absconding, and also considering the fact that 3/6
the petitioners have no bad antecedents, and taking note of the fact that the custodial interrogation of the petitioners may not be necessary for the investigating agency and also with a view to give an opportunity to the petitioners to reform themselves, this Court is inclined to grant an order of pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to the petitioners subject to the following conditions:
(i) The petitioners shall be released on pre-arrest bail in the event of their arrest or in the event of their surrender before the learned Additional Mahila Judge, Tiruchirappalli, within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Additional Mahila Judge, Tiruchirappalli;
(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 Additional Mahila Judge, Tiruchirappalli, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioners shall appear and sign before the respondent-police daily at 10.00 a.m., until further orders;
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(iv) The petitioners shall make themselves available for interrogation by a police officer as and when required;
(v) The petitioners shall not, directly or indirectly cause threat to the defacto complainant and the witnesses and shall not tamper the evidence; (vi) The petitioners 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; (vii) The petitioners shall not leave India without the previous permission of the Court;
(viii) The petitioners shall furnish their residential address and mobile number to the learned Additional Mahila Judge, Tiruchirappalli; (ix)The petitioners shall not enter into the defacto complainant's house; and (x) On breach of any of the aforementioned conditions, the learned Additional Mahila Judge, Tiruchirappalli or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 5/6
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 26/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO 1.The Additional Mahila Court, Tiruchirappalli. 2.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.KANNAN, Advocate ( SR-3630[I] dated 28/03/2025 )
ORDER
IN CRL OP(MD) No.5622 of 2025 Date :26/03/2025 NBF/SAR /30.04.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6