Manibharathy v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Mani Bharathi ... Petitioner/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, All Women Police Station, Kodaikanal, Dindigul District.
(Crime No.17 of 2024) ... Respondent/Complainant For Petitioner : Mr.L.M.Vijai Boominathan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.17 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 498(A), 294(b), 323 and 506(1) of IPC in Crime No.17 of 2024 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the 1st accused and the de-facto complainant are husband and wife. The parents of the de-facto complainant had adorned her with 30 sovereigns of gold jewellery and given household articles worth about Rs.2,50,000/- and Rs.3,00,000/- as dowry. Thereafter, all the accused are alleged to have received further 25 sovereigns of gold jewellery from the de-facto complainant by threatening her using filthy language. Hence, a case was registered.
3. The learned counsel appearing for the petitioner submitted that the petitioner is the sister-in-law of the de-facto complainant and is in no way connected with the alleged offence as stated by the prosecution. Due to a marital dispute between the 1st accused and the de-facto complainant, the de-facto complainant has lodged a false complaint against the petitioner. He further submitted that the 2/6
petitioner is a student pursuing B.Sc. (Hons.) in Agriculture at Annamalai University, Chidambaram. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the issue pertains to dowry harassment and that the petitioner has been arrayed as A5 in this case. He further submitted that the co-accused have already been granted anticipatory bail. However, he opposed to grant anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and taking note of the fact that the petitioner is a student, and that the co-accused have already been granted anticipatory bail, and that as the date of registration of F.I.R. is 29.09.2024, by this time most of the investigation might have been completed, and that custodial interrogation of the petitioner is not necessary in this case, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Kodaikanal, Dindigul 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 3/6
to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Kodaikanal, Dindigul District, 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 furnish her residential address and mobile number to the learned Judicial Magistrate No.II, Kodaikanal, Dindigul District. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Kodaikanal, Dindigul District; (c) the petitioner shall report before the Inspector of Police, Othakkadai Police Station, Madurai daily at 10.30 a.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 petitioner released on bail by the learned Magistrate/Trial Court herself as laid down by the Hon'ble Supreme Court 4/6
in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and; (g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 26/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
mkn TO 1 THE JUDICIAL MAGISTRATE NO.II, KODAIKANAL, DINDIGUL DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KODAIKANAL, DINDIGUL DISTRICT.
4 THE INSPECTOR OF POLICE, OTHAKKADAI POLICE STATION, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.L.M.VIJAI BOOMINATHAN, Advocate ( SR-6855[I] dated 27/06/2025 )
ORDER
IN CRL OP(MD) No.9382 of 2025 Date :26/06/2025 5/6
NBF/08.07.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6