← Library
Madras High CourtCRL OP(MD)/8588/2025allowed

Murugeswari 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 Murugeswari ... Petitioner / Accused No.3 Vs The State of Tamilnadu, Represented By, The Inspector of Police, Melur All Women Police Station, Madurai District.

(Cr.No.2 of 2025) ... Respondent / Complainant For Petitioners : Mr.J.Vishnu 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.2 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 318, 64, 296(b), 351(2) of BNS and Section 67 of the information Technology Act in Cr.No. 2 of 2025 on the 1/4

file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto-complainant was in relationship with the first accused who was already married and has four children. The defacto complainant has given a sum of Rs.4,20,000/- to the first accused. When the defacto complainant questioned the first accused for return of her money, the accused persons abused the defacto complainant with filthy language and the petitioner herein / A3 threatened her that her private photographs will be uploaded in social media. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.

4. Learned Government Advocate (Crl side) would submit that the accused persons intercepted the defacto complainant and abused her with filthy language and made threat. Accused Nos.1 and 2 were arrested and remanded to judicial custody. However, he prays to dismiss this Criminal Original Petition.

5. Considering the nature of the allegations and considering the overt act attributed against the petitioner herein, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the 2/4

date on which the order copy made ready, before the Judicial Magistrate, Melur, Madurai District, 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 petitioner 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 petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial. [f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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]. 3/4

[g] 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 Judicial Magistrate, Melur, Madurai District. 2.Do through the Chief Judicial Magistrate,Madurai District. 3.The Inspector of Police,Melur All Women Police Station, Madurai District. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai. ORDER IN CRL OP(MD) No.8588 of 2025 Date :08/05/2025 PP/26.05.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4