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Madras High CourtCRL OP(MD)/13710/2025allowed

Selvarani v. The State Of Tamilndu,

2025-08-21Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI CRL OP(MD). Nos.13710 & 13716 of 2025 1.Selvarani, W/o.Vasudevan 2.Vignesh Babu Rao, S/o.Vasudevan 3.Renuka Devi, W/o.Vignesh Babu Rao ... Petitioners in Crl.O.P.(MD).No.13710 of 2025/A2 to A4 Suresh Babu Rao ... Petitioner in Crl.O.P.(MD).No.13716 of 2025/A1 Vs The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Thiruverambur, Trichy District.

(Crime No.26 of 2025) ... Respondent/Complainant in both petitions For Petitioners : Mr.Shunmalar M, (in Crl.O.P.(MD) Advocate No.13710/2025) 1/6

For Petitioner : Mr.R.Ilayaraja, (in Crl.O.P.(MD) Advocate No.13716/2025) For Respondent : Mr.S.Prakash, (in both petitions) Government Advocate (Criminal Side) COMMON PRAYER :- For Anticipatory Bail in Crime No.26 of 2025 on the file of the respondent Police. COMMON ORDER : The Court made the following order :- The petitioners/A1 to A4, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 74, 85 and 351(2) of BNS, 2023 r/w. Section 4 of Dowry Prohibition Act r/w. Section 4 of TNPHW Act in Crime No.26 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st accused is the husband of the defacto complainant and 2nd to 4th accused are her in-laws. It is alleged that the accused persons harassed the de-facto complainant by demanding additional dowry from her. Hence, the complaint.

3. The learned counsel for the petitioners submitted that since the 1st accused had filed a divorce petition in H.M.O.P.No.131 of 2024 before the Sub Court, Trichy, the de-facto complainant, with an intention to harass the 1st accused and his family 2/6

members, subsequently filed a maintenance application in M.C.No.13 of 2025 on the file of the Chief Judicial Magistrate, Trichy, and also filed a petition in H.M.O.P. No.420 of 2024 before the Family Court, Trichy, seeking a declaration that the marriage solemnized between the 1st accused and the de-facto complainant is null and void. He further 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 there are totally four accused persons in this case. The accused persons are said to have demanded additional dowry from the de-facto complainant, thereby harassing her. Pursuant to the direction of the learned Additional Mahila Judge, Trichy in Crl.M.P. No.4057 of 2025, the present FIR came to be registered. He further submitted that the de-facto complainant has not sustained any injuries due to the harassment. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the issue pertains to a matrimonial dispute, and that the 1st accused already filed a petition seeking divorce before the Sub Court, Trichy, and that the de-facto complainant already filed a 3/6

petition under Section 12(1)(a) of Hindu Marriage Act before the Family Court, Trichy, and also filed a petition seeking maintenance before the Chief Judicial Magistrate, Trichy, this Court is of the view that custodial interrogation of the petitioners is not necessary in this case. Hence, 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 of receipt of a copy of this order, before the learned Additional Mahila Judge, Trichy District, 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 the police officer who intends to arrest or to the satisfaction of the learned Additional Mahila Judge, Trichy District, failing which, the petitions for anticipatory bail shall stand dismissed and on further condition 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 Additional Mahila Judge, Trichy District.

Additional Mahila Judge, Trichy District;

(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 under Section 269 of BNS, 2023.

7. Accordingly, these Criminal Original Petitions are allowed. sd/- 21/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1 The Additional Mahila Judge, Trichy District.

2 The Inspector of Police, All Women Police Station, Thiruverambur, Trichy District.

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

+1 CC to M/s.M.SHUNMALAR, Advocate ( SR-9061[I] dated 21/08/2025 ) +1 CC to M/s.R.ILAYARAJA Advocate, (SR - 9060[I] dated 21/08/2025)

ORDER

IN CRL OP(MD) No.13710 of 2025 Date :21/08/2025 AS/16.09.2025/6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6