S Sudharsanan v. State Of Tamilnadu Rep By Inspector Of Police, Madurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI S.Sudharsanan, S/o.Santhanakrishnan ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Anna Nagar All Women Police Station, Madurai City, Madurai District.

(Crime No.7 of 2025) ... Respondent/Complainant For Petitioner : Mr.D.Balamurugapandi, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.7 of 2025 on the file of the Respondent Police. 1/6

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 294(b) and 498(A) of IPC r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.7 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the de-facto complainant are husband and wife. It is alleged that the petitioner, along with other accused, demanded additional dowry from the de-facto complainant. Hence, the present case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that in order to tarnish the reputation of the petitioner's family, the de-facto complainant has lodged the present complaint and also filed Domestic Violence Case against the petitioner and his family members in D.V.O.P.No.63 of 2024 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) submitted that there are totally nine accused persons in this case and the petitioner has been arrayed as A1. The issue pertains to a matrimonial dispute. The petitioner, along with other accused, harassed the de-facto complainant seeking dowry. Hence, 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 it is a matrimonial dispute, and that already a domestic violence case is pending between the parties, 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.VI, Madurai, Madurai 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 to arrest or to the satisfaction of the learned Judicial Magistrate No.VI, Madurai, Madurai District, 3/6

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.VI, Madurai, Madurai District. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.VI, Madurai, Madurai District; (c) the petitioner shall report before the respondent police 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; 4/6

(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/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.VI MADURAI, MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE INSPECTOR OF POLICE, ANNA NAGAR ALL WOMEN POLICE STATION, MADURAI CITY, MADURAI DISTRICT.

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-6892[I] dated 30/06/2025 )

ORDER

IN CRL OP(MD) No.10292 of 2025 Date :26/06/2025 SS/SAR- /09/07/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6