Anbalagan @ Esther Anbalagan v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Valliyoor
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Anbalagan @ Esther Anbalagan, S/o.Antony Esthaku 2.Estin, W/o.Ravi 3.Sahaya Remila, C/o.Mohan 4.Valarmathi, W/o.Muthuveeran ... Petitioners/A1 to A4 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Vallioor, Tirunelveli District.
(Crime No.12 of 2023) ... Respondent/Complainant For Petitioners : Mr.B.Micheal Sebastin, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.12 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 417, 498(A), 352 and 506(i) of IPC in Crime No.12 of 2023 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the accused persons, using filthy language, demanded dowry from the de-facto complainant. Hence, the case.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and a false case has been foisted against the petitioners. In fact, there was no marriage solemnized between the 1st petitioner and the de-facto complainant. The 2nd, 3rd and 4th petitioners are merely the sisters of the 1st petitioner. Hence, he seeks anticipatory bail to the petitioners. 2/6
4. The learned Government Advocate (Criminal Side) submitted that this is the case of the year 2023, and without marrying her, the 1st petitioner was living with the de-facto complainant. Thereafter, the 1st petitioner avoided the de-facto complainant. Hence, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and also taking note of the fact that this is the case of the year 2023, by this time, most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vallioor, Tirunelveli District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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, Vallioor, Tirunelveli District and on further conditions that:
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(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 furnish their residential address and mobile number to the learned Judicial Magistrate, Vallioor, Tirunelveli District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Vallioor, Tirunelveli District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 4/6
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 18/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1.THE JUDICIAL MAGISTRATE, VALLIOOR, TIRUNELVELI DISTRICT.
2.THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, VALLIOOR, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9888 of 2025 Date :18/06/2025 PR/01.07 .2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6