Sendu v. The State Of Tamil Nadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.08.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Sendu 2.Santhanam 3.Sivasakthi 4.S.Vignesh ... Petitioners/Accused No.2 to 5 Vs The State of Tamil Nadu, Rep. by the Sub- Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.
(Crime No.29 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Jothibasu Advocate.
For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :-For Anticipatory Bail in Cr.No.29 of 2025 on the file of the Respondent Police.
1/7
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 498(A), 294(b), 323, 406, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.29 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant has married with the 1st accused and they having one female child. Further, the 1st accused was working at Singapore. Further, the petitioners are the in-laws of the defacto complainant have demanded dowry from her and harassed her. Hence, the complaint.
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 1st petitioner is the mother-in-law, 2nd petitioner is the father-in-law, 3rd petitioner is the sister-in-law and 4th petitioner is the brother-in-law of the defacto complainant. He further submitted that there was a matrimonial dispute between the 1st accused and the defacto complainant, a false case has been given. He further submitted that the 1st accused had filed a petition for 2/7
divorce before the Sub Court, Rajapalayam in HMOP.No.77 of 2025, after receipt of the summons from the trial Court, the defacto complainant has given a complaint before the respondent police against the petitioners. 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 the petitioners along with A1 had demanded dowry from the defacto complainant and harassed her. He further submitted that the investigation is almost completed and there is no previous case pending against the petitioners However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that occurrence was taken place in the year 2023 and the case was registered on 03.07.2025 after lapse of 2 years, the complaint was lodged by the defacto complainant and it is a matrimonial dispute and also taking note of the fact that 1st accused had filed a petition for divorce before the Sub Court, Rajapalayam in HMOP.No.77 of 2025 and the petitioners are in-laws of the defacto complainant and the investigation has been almost completed, this Court is inclined to grant 3/7
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 Additional Mahila Judicial Magistrate Court, Srivilliputtur, Virudhunagar District, on condition that each of the petitioner shall execute a separate 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 to the Police Officer, who intends to arrest or to the satisfaction of the Additional Mahila Judicial Magistrate Court, Srivilliputtur, Virudhunagar 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 Additional Mahila Judicial Magistrate Court, Srivilliputtur, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the 4/7
same to the Additional Mahila Judicial Magistrate Court, Srivilliputtur, Virudhunagar District;
(c) the petitioners 1 & 2 shall report before the respondent police daily at 10.30 a.m, until further orders and the petitioners 3 & 4 shall report before the Inspector of Police, All Women Police Station, Karur, 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR 5/7
SCW 5560]; and;
(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 06/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MSRM TO 1.The Additional Mahila Judicial Magistrate Court, Srivilliputtur, Virudhunagar District.
2.Do Through, The Chief Judicial Magistrate, Virudhunagar District.
3. The Sub- Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District.
4. The Inspector of Police, All Women Police Station, Karur.
6/7
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .
+1 CC to M/s.M.JOTHI BASU, Advocate ( SR-8504[I] dated 07/08/2025 )
ORDER
IN CRL OP(MD) No.13020 of 2025 Date :06/08/2025 NM/20.08.2025/ 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7