Abinavkumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Abinavkumar, S/o.Murugesan 2.Murugesan Raja @ Murugesan, S/o.Balakrishnaraja 3.Ramalakshmi @ Jamuna, W/o.Murugesan ... Petitioners/A1 to A3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Rajapalayam All Women Police Station, Virudhunagar District.

(Crime No.19 of 2025) ... Respondent/Complainant For Petitioners : Mr.Seenuramachandran.K., Advocate For Respondent : Mr.M.Karunanithi, Government Advocate 1/6

(Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.19 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b) and 506 (i) of IPC in Crime No.19 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner is the husband of the defacto complainant, and the 2nd and 3rd petitioners are her in-laws. It is alleged that the petitioners demanded additional dowry consisting of 100 sovereigns of gold and a cash amount of Rs.20,00,000/- from the de-facto complainant. Hence, the present case.

3. The learned counsel for the petitioners submitted that the issue pertains to a matrimonial dispute. The 1st petitioner had lodged a complaint before the respondent police seeking re-union on 15.03.2025 in C.S.R. No.161 of 2025. However, 2/6

the de-facto complainant refused to reunite with the 1st petitioner, and consequently, the said complaint was closed. Thereafter, the 1st petitioner filed a petition for divorce on the ground of cruelty in H.M.O.P.No.91 of 2025 on the file of the Sub Court, Rajapalayam. He submitted that after receiving the summons in the said petition, the de-facto complainant, in order to wreak vengeance, has lodged the present complaint against the petitioners alleging dowry demand. The petitioners are innocent persons and have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case. The petitioners demanded additional dowry from 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 the issue pertains to a matrimonial dispute, and that the 1st petitioner had already filed a complaint before the AWPS, Rajapalayam in C.S.R. No.161 of 2025, and subsequently filed a divorce petition in H.M.O.P. No.91 of 2025, and only thereafter, the present F.I.R. came to be registered, and that the custodial 3/6

interrogation of the petitioners is not necessary in this case, 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, Additional Mahila Court, Srivilliputhur 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, Additional Mahila Court, Srivilliputhur 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, Additional Mahila Court, Srivilliputhur.

In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Additional Mahila Court, Srivilliputhur; (c) the petitioners shall report before the respondent police daily at 10.30 a.m.

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(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 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/- 25/06/2025 / 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, Additional Mahila Court, Srivilliputhur.

2. Do Through The Chief Judicial Magistrate, Virudhunagar District @ Srivilliputhur.

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3.The Inspector of Police, Rajapalayam All Women Police Station, Virudhunagar District.

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

+1 CC to M/s.G.MARIAPPAN, Advocate ( SR-6757[I] dated 25/06/2025 )

ORDER

IN CRL OP(MD) No.10519 of 2025 Date :25/06/2025 HPS/14.07.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6