Anbalagan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Manaparai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI M.Anbalagan, S/o.Marimuthu ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Manapparai, Trichy District.

(Crime No.17 of 2025) ... Respondent/Complainant For Petitioner : Ms.Kalaiyarasi Bharathi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.17 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498-A and 406 of IPC in Crime No.17 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that A1 is the husband of the de-facto complainant. A2 and A3 are the in-laws of the de-facto complainant. After marriage, the de-facto complainant came to know that A1 was already married. Further, A1, at the instigation of A2 and A3, demanded more dowry from the de-facto complainant. A1 had not returned 3 1⁄4 sovereigns of jewels received for the purpose of job. Hence, the case.

3. The learned counsel for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. A2 and A3 have been granted anticipatory bail on 16.04.2025 by this Court in Crl.O.P.(MD)No.6315 of 2025. He further submitted that the petitioner has 2/6

also filed a petition in H.M.O.P.No.19 of 2025 on the file of the learned Subordinate Judge, Manapparai seeking restitution of conjugal rights. He however submits that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, she seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the present case arising out of a matrimonial dispute and that the petitioner had demanded additional dowry from the de-facto complainant. A2 and A3 have been granted anticipatory bail by this Court. He further submitted that there is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also taking note of the fact that the co-accused have been granted anticipatory bail, and that no effective steps have been taken by the respondent police to secure the petitioner since the dismissal of the earlier anticipatory bail application in respect of the petitioner on 16.04.2025, and further noting that the F.I.R. was registered on 19.03.2025, and that by this time, most of the investigation would likely have been completed, and that as the petitioner has already filed a petition seeking restitution of conjugal rights, 3/6

the custodial interrogation of the petitioner is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai 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 Judicial Magistrate, Manapparai and on further conditions 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 his residential address and mobile number to the learned Judicial Magistrate, Manapparai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Manapparai;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 16/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, MANAPPARAI.

2.THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MANAPPARAI, TRICHY DISTRICT.

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

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-6439[I] dated 18/06/2025 )

ORDER

IN CRL OP(MD) No.9705 of 2025 Date :16/06/2025 PR/30.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6