Fernando Griffith @ Kirupith v. The State Of Talim Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

1. Fernando Griffith @ Kirupith

2. Rabinstal Fernando

3. Selva Reena Fernando

4. Arokia Raj @ Fernando Arokia ... Petitioners/Accused Vs The State of Talim Nadu, Rep by the Inspector of Police, All Women Police Station, Thootukudi, Thoothukudi District.

(Crime No.19 of 2026).

... Respondent/Complainant For Petitioners : R.Mohanasundaram, Advocate.

For Respondent : Mr.A.Albert James, Government Advocate (Crl.Side) PRAYER :- C-33AB. For Anticipatory Bail in Crime No.19 of 2026 on the file of the respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85, 86, 351(3) of BNS and Section 4 of TNPHW Act, in Crime No.19 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first petitioner is the husband of the defacto complainant and he is working at Mumbai and the second petitioner is the mother-in-law of the defacto complainant and the third and fourth petitioners are relatives of the second petitioner. After marriage between the first petitioner and the defacto complainant, the petitioners along with other accused persons have harassed the defacto complainant demanding additional dowry and abused her in filthy language and threatened the defacto complainant to vacate the house of the first petitioner. Hence, the complaint.

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3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioners and the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and consider the nature of offence, 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 arrest or on their appearance, on condition that each of the petitioner 3/7

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 learned Judicial Magistrate No.IV, Thoothukudi, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[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 Aadhaar card or bank pass book to ensure their identity;

[b] the 1st petitioner shall report before the respondent police monthly once, ie., on 1st working day of every English Calendar month, at 10.30 a.m, until further orders; and the petitioners 2 to 4 shall report before the respondent police as and when required;

[c]the petitioners shall not tamper with the evidence or witness either 4/7

during investigation or trial;

[d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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];

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(R V J) 20.05.2026 PJL 5/7

TO

1. The Judicial Magistrate No.IV, Thoothukudi.

2.

The Inspector of Police, All Women Police Station, Thootukudi, Thoothukudi District.

3.

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J PJL

ORDER

IN CRL OP(MD) No.9702 of 2026 Date : 20/05/2026 7/7