Kasi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN 1.Kasi 2.Rasamal 3.Mariyammal 4.Rajapriya ... Petitioners Vs The State of Tamil Nadu Rep. by, The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.
(Crime No.15 of 2025) ... Respondent For Petitioners : Mr.R.Senthil Kumar For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Cr.No.15 of 2025 on the file of the respondent police. 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 470, 376, 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.15 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant and A1 fell in love with each other. A1 had intercourse with the defacto complainant by giving false promise to marry the defacto complainant. Thereafter, A1 refused to marry her. Hence, the case was registered.
3.The learned counsel appearing for the petitioners that the petitioners are innocent persons and they have not committed any offence. A2 and A3 are parents of A1. A4 is the paternal aunt of A1 and A5 is the sister of A1. 4.The learned Government Advocate (Crl.) appearing for the respondent on instruction would submit that the A1 was arrested and remanded in judicial custody. 2/5
5.Considering the facts and circumstances of this case and considering the fact that A2 and A3 are parents of A1, A4 is the paternal aunt of A1 and A5 is the sister of A1, 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 Judicial Magistrate, Manamadurai, 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 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 10.30 a.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.
MRN TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI.
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3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-5353[I] dated 08/05/2025 )
ORDER
IN CRL OP(MD) No.8546 of 2025 Date :08/05/2025 SS/SAR- /26/05/2025/ 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5