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Madras High CourtCRL OP(MD)/7495/2025granted

Al.Sathappan v. The State Of Tamil Nadu

2025-09-08Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 7495 of 2025 and Crl.M.P.(MD).No.7891 of 2025 1.AL.Sathappan 2.Soundaram ..Petitioners/ A2 and A3 Vs State Of Tamilnadu, Rep By The Inspector Of Police, Pudukkottai Town Police Station, Pudukkottai District.

(Crime No.19 of 2025) Respondent(s) For Petitioner(s):

Mr.RM.Arun Swaminathan For Respondent(s):

Mr.A.S.Abul Kalaam Azad Government Advocate (Crl. Side) For Intervener : Mr.C.M.Arumugam PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.19 of 2025 on the file of the Respondent Police. 1/8

ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 307, 341, 446, 506(ii) and 406 of IPC r/w Section 4 of TNPHW Act, 2002, in Crime No.19 of 2025 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is none other than the daughter-in-law of the petitioners.

On 26.04.2024, at the instigation of the the other accused persons, the petitioners attacked the defacto complainant and damaged CCTV Camera. Hence, a case was registered.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any 2/8

offence as alleged by the prosecution. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4.The learned counsel appearing for the intervener vehemently opposed to grant anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl. side) submitted that the petitioners are in-laws of the defacto complainant. However, he opposed to grant anticipatory bail to the petitioners.

6. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the petitioners are in-laws of the defacto complainant, this Court is inclined to grant 3/8

anticipatory bail to the petitioners, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court (JM-Level), Pudukkottai, on condition that the petitioners shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) each with common surety for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Additional Mahila Court (JM-Level), Pudukkottai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners and the sureties shall affix their photographs and left thumb impression 4/8

in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall furnish his residential address and mobile number to the learned Additional Mahila Court (JM-Level), Pudukkottai. In the event of any change in his residential address, the petitioners shall report the same to the learned Additional Mahila Court (JM-Level), Pudukkottai;

(c) the petitioners shall report before the respondent police as and when required for interrogation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court 5/8

is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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] and;

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Consequently, the connected criminal miscellaneous petition is closed.

08.09.2025 vsg 6/8

To 1.The learned Additional Mahila Court (JMLevel), Pudukkottai. 2.The The Inspector Of Police, Pudukkottai Town Police Station, Pudukkottai District.

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

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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.7495 of 2025 Date : 08.09.2025 8/8