Ayyanar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Ayyanar 2.Samuthrakani 3.Narenth 4.Prabha @ Prabhakaran : Petitioners/A2 to A5 Vs.
The State of Tamil Nadu, Rep. by, the Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.
(Crime No.32 of 2025) : Respondent/Complainant For Petitioners : Mr.A.Balakrishnan, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5
PRAYER :- For Anticipatory Bail in Crime No.32 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/A2 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85 and 61(2) of BNS, in Crime No.32 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the marriage between the first accused and the defacto complainant was solemnized on 04.11.2020. At the time of marriage 10 sovereigns of jewels and Rs.1 lakh cash were given as dowry. Subsequently, due to ill-advice of the petitioners/in laws, the first accused refused to live with the defacto complainant and also demanded more dowry. Hence, the complaint. 3.
The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution. 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 the first accused married the defacto complainant on 04.11.2020 and it is a love marriage. Subsequently, there existed matrimonial dispute between them, the defacto 2/5
complainant has lodged complaints against the family members of her husband. He further submitted that the investigation is pending. Hence, he opposed to grant anticipatory bail.
5. Taking into consideration of the facts and circumstances of the case and the nature of the offence, and also taking note of the fact that there existed matrimonial dispute between the first accused and the defacto complainant and the petitioners are in-law of the defacto complainant and as the date of FIR is on 20.07.2025, by this time, most of the investigation might have been completed and also the fact that the petitioners are not having any bad antecedents, 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, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Srivilliputhur on condition that the petitioners shall execute a bond for a sum of Rs.
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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 Additional Mahila Court, Srivilliputhur. In the event of any change in their residential address, the petitioners shall report the same to the learned Additional Mahila Court, Srivilliputhur;
(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; (g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered 4/5
under Section 269 of BNS, 2023.
sd/- 05/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
das To 1.The Judicial Magistrate, Additional Mahila Court, Srivilliputhur. 2.The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.A.BALAKRISHNAN, Advocate ( SR-8481[I] dated 06/08/2025 )
ORDER
IN CRL OP(MD) No.12910 of 2025 Date :05/08/2025 PS/SAR.28.08.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5