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Madras High CourtCRL OP(MD)/13668/2025allowed

Alagendrakumar v. The State Of Tamilnadu,

2025-08-19Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Alagendrakumar, S/o.Balasubramani ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, AWPS - Thilagar Thidal Police Station, Madurai City.

(Crime No.11 of 2025) ... Respondent/Complainant For Petitioner : Mr.A.Sheik Nasurdeen, 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.11 of 2025 on the file of the Respondent Police. 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 498(A), 406, 494 and 506(i) of IPC in Crime No.11 of 2025 on the file of the respondent police, seeks anticipatory bail. 1/5

2. The case of the prosecution is that the petitioner is the husband of the defacto complainant. Their marriage was solemnized on 02.06.2008 and out of wedlock, they are blessed with two female children, now aged 13 years and 11 years, respectively. It is alleged that the petitioner joined the Post Office in 2010 and was working at Paramakudi, so he started living separately. It is further alleged that the petitioner started to harass the de-facto complainant to go to job and demanded money under threat of suicide and also pledged her daughter's jewels to settle loans. Later, the de-facto complainant came to know that the petitioner married the 2nd accused and they have a female child aged 8 years and are living separately. When it was questioned, the petitioner criminally intimidated the de-facto complainant with dire consequences. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court. The petitioner has not committed any offence as alleged by the prosecution. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that the petitioner has been arrayed as A1 in this case. The petitioner is the husband of the de-facto complainant, and the 2nd accused is the second wife of the 1st accused. He further 2/5

submitted that the entire investigation has been completed, and a charge sheet has been filed through e-filing. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact even after the dismissal of the earlier anticipatory bail application filed by the petitioner, the respondent police has not taken any effective steps to secure the petitioner, and that the entire investigation has already been completed, and a charge sheet has also been filed through e-filing, this court is of the view that custodial interrogation of the petitioner is not necessary at this stage. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.5, Madurai, 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.5, Madurai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/5

(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 his residential address and mobile number to the learned Judicial Magistrate No.5, Madurai. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.5, Madurai;

(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; (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; 4/5

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

sd/- 19/08/2025 / TRUE COPY / /09/2025 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.5, Madurai.

2.The Inspector of Police, AWPS - Thilagar Thidal Police Station, Madurai City.

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

ORDER

IN CRL OP(MD) No.13668 of 2025 Date :19/08/2025 SBN/10.09.2025 5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5