Kaliyaperumal v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/05/2025 PRESENT THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Kaliyaperumal 2.Dhanalakshmi 3.Sridevi 4.Mahendran ... Petitioners / Accused No.2 to 5 Vs The State of Tamilnadu, Represented By, The Inspector of Police, All Women Police Station, Trichy.
(Cr.No.13 of 2025) ... Respondent / Complainant For Petitioners : Dr.R.Alagumani For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.13 of 2025 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioners /Accused Nos.2 to 5, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b), 498(A), 323, 506 (i) of IPC, 1860 and Section 4 of Dowry Prohibition Act, 1961, in Cr.No. 13 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the marriage between the accused No.1 and the defacto complainant was solemnized on 20.03.2024. From the date of marriage there was some misunderstanding between them for demanding additional dowry.
The defacto complainant's parents have given Rs.2,50,000/- to the first accused and his family. The problem was not ended. The second petitioner herein / third accused has beaten the defacto complainant and other accused persons caused cruelty to the defacto complainant. 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. They are ready to co-operate with the investigation and abide by any condition imposed by this Court.
4. Learned Government Advocate (Crl side) on instructions would submit that the first accused was arrested and remanded to judicial custody. The accused Nos.2 2/5
and 3 are the parents of the first accused, accused No.4 is the sister of the first accused and accused No.5 is the husband of accused No.4.
5. Considering the nature of the allegations and considering the fact that it is a matrimonial dispute and also considering the fact that the parties are family members, this court is inclined to grant anticipatory bail to the petitioners with certain conditions:
6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each 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 Magistrate concerned, 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 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 report before the respondent Police daily at 10.30a.m. until further orders.
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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn TO 1.The Additional Mahila Court, Trichy.
2.The Inspector of Police,All Women Police Station, Trichy. 3.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. +1 CC to M/s.DR.R.ALAGUMANI, Advocate ( SR-5380[I] dated 08/05/2025 ) 4/5
ORDER IN CRL OP(MD) No.8376 of 2025 Date :08/05/2025 PP/26.05.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5