Joseph Sukumar @ Joseph Luresh Sukumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Joseph Sukumar @ Joseph Luresh Sukumar, S/o.Lourdu Nadar 2.Mary Vimala, W/o.Joseph Sukumar 3.Sahaya Altima, D/o.Maria John Joseph 4.Annie Rashia Sukumar @ Ani, W/o.Jerold Stephen ... Petitioners/A2, A3, A5 & A6 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station - Nagercoil, Kanyakumari District.

(Crime No.14 of 2025) ... Respondent/Complainant For Petitioners : Mr.B.Micheal Sebastin, Advocate For Respondent : Mr.S.Prakash, 1/6

Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.14 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2, A3, A5 & A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 406, 294(b) and 506(2) of IPC r/w. Sections 4 and 6 of Dowry Prohibition Act, 1961 in Crime No.14 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st accused is the husband of the defacto complainant, and the petitioners are in-laws of the de-facto complainant. The 1st accused and the petitioners are said to have demanded dowry from the de-facto complainant, due to which a quarrel arose between them and the petitioners abused the de-facto complainant using filthy language, assaulted her and also threatened her with dire consequences. Hence, the present case.

3. The learned counsel for the petitioners submitted that the issue pertains to a 2/6

matrimonial dispute. He submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that the 1st and the 2nd petitioners are senior citizens, and the 2nd petitioner is suffering from severe osteoarthritis and to that effect, he has also enclosed a medical certificate. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally seven accused persons in this case and the petitioners have been arrayed as A2, A3, A5 and A6. He further submitted that the petitioners are in-laws of the defacto complainant and they harassed the de-facto complainant seeking dowry. 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 the issue pertains to a matrimonial dispute, and that the petitioners are only in-laws of the de-facto complainant, and that the custodial interrogation of the petitioners is not necessary in this case, and that as the date of registration of F.I.R. is 14.02.2025, by this time most of the investigation might have been completed, this 3/6

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 cum Additional Mahila Court, Nagercoil, Kanyakumari 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 cum Additional Mahila Court, Nagercoil, Kanyakumari District 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 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 cum Additional Mahila Court, Nagercoil, 4/6

Kanyakumari District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate cum Additional Mahila Court, Nagercoil, Kanyakumari District; (c) the 1st and 2nd petitioners shall report before the respondent police weekly once i.e. on every Monday at 10.30 a.m. until further orders, and the 3rd and 4th petitioners shall report before the respondent police weekly twice i.e. on every Monday and Thursday 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; 5/6

(g) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 02/07/2025 / 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 cum Additional Mahila Court, Nagercoil, Kanyakumari District.

2.The Inspector of Police, All Women Police Station - Nagercoil, Kanyakumari District.

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

ORDER IN CRL OP(MD) No.10248 of 2025 Date :02/07/2025 PR/17.07 .2025 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6