Chezhiyan Alias Chezhian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.05.2025 PRESENT The HONOURABLE MR.JUSTICE P. VADAMALAI Chezhiyan Alias Chezhian ... Petitioner/ Sole Accused Vs The State of Tamil Nadu represented by The Inspector of Police, Cantonment All Women Police Station, Trichy City.(Crime No.8 of 2024) ... Respondent/ Complainant For Petitioner : Mr.G.Anto Prince For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.8 of 2024 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 294(b), 323 and 494 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.8 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, due to a matrimonial dispute, the 1/4

petitioner abused the defacto complainant both mentally and physically, causing injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that matter pertains to a matrimonial dispute and that a HMOP is pending before the competent Court.

5. Considering the fact that it is a matrimonial dispute and that no custodial interrogation is necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Trichy 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

2/4

(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 Inspector of Police, Othakkadai Police Station, Madurai, daily at 10.30 a.m for a period of 15 days and thereafter, he shall report before the respondent police, as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 21/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, 3/4

Madurai - 625 023.

jbr TO 1 THE ADDITIONAL MAHILA JUDGE, TRICHY DISTRICT. 2 THE INSPECTOR OF POLICE, OTHAKKADAI POLICE STATION, MADURAI. 3 THE INSPECTOR OF POLICE, CANTONMENT - ALL WOMEN POLICE STATION, TRICHY CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.G.ANTO PRINCE, Advocate ( SR-5719[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.8818 of 2025 Date :21/05/2025 NBF/02.06.2025 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4