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Madras High CourtCRL OP(MD)/7003/2025closed

Boopathi v. The State Of Tamil Nadu,

2025-05-08Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/05/2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Boopathi ... Petitioner /Accused No.2 in Crl.O.P.(MD)No.7003 of 2025 Geetha ... Petitioner /Accused No.1 in Crl.O.P.(MD)No.7005 of 2025 Vs.

The State of Tamil Nadu, Rep. by its the Inspector of Police, Kodaikanal All Women Police Station, (Crime No.6 of 2025) ... Respondent/Complainant in both Crl.O.Ps.

For Petitioner : Mr.A.Joseph Jerry (in Crl.O.P.(MD No.7003 of 2025) : Mr.NA.Manimaran (in Crl.O.P.(MD) No.7005 of 2025) For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

(in both Crl.O.Ps.) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.6 of 2025 on the file of the Respondent Police. COMMON ORDER : The Court made the following order :- The petitioners/accused who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 82(1) & 318 of BNS in Crime No.6 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the husband of the first accused. The first accused filed a petition before the Palani Sub Court in H.M.O.P.No.111 of 2022. During pendency of the proceedings, the first accused by cheating the defacto complainant married the second accused and a child was also born through the second accused. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor on instructions would submit that initially, the case has been registered in Crime No.6 of 2025 as against the petitioners 2/4

for the offences under Sections 82(1) & 318 of BNS. He would submit that subsequently, the second alteration report came to be filed by the respondent police altering Sections 82(1) & 318(2) of BNS. He would submit that both the provisions are bailable offences. Therefore, the present criminal original petitions are not maintainable.

5. Recording the above submission of the learned Additional Public Prosecutor, the Criminal Original Petitions are closed. Sd/- 08/05/2025 // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) Madurai Bench of Madras High Court, Madurai rmi To

1. The Judicial Magistrate No.II, Kodaikanal, 2.Do through The Chief Judicial Magistrate, Dindigul.

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3. The Inspector of Police, Kodaikanal All Women Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date : 08/05/2025 BV(26/05/2025) 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4