Rajesh Kumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2025 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL

1. Rajesh kumar

2. Joys ... Petitioners Vs The State of Tamilnadu, Rep by The Inspector of Police, All Women Police Station, Thirumangalam.

2. Kokila [R2 is suo-motu impleaded as per order of the Court dated 04.10.2024 in CRL OP (MD). No.17059 of 2025] [This Court has already granted anticipatory bail to the second petitioner vide order dated 04.10.2024] ... Respondents For 1st Petitioner : Mr.M.Ananthakumar, Advocate.

For R1 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) For R2 : Mr.A.Arul Jenifer 1/6

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.19/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The 1st petitioner/ A1, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406, 294(b) and 506(2) of IPC, in Crime No.19 of 2024, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that first petitioner is the husband of the defacto complainant and after marriage, the first petitioner is in illegal relationship with one Kowsalya Devi. Due to which, the first petitioner made a quarrel with the defacto complainant, abused her in filthy language, attacked and threatened her. Hence, the case.

3. The learned counsel appearing for the 1st petitioner would submit that the 1st petitioner and the defacto complainant are husband and wife. He would further submit that due to matrimonial dispute, the defacto complainant has given a false complaint as against the petitioner and his mother, therefore he prays to allow this 2/6

petition.

4. The learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that there is a matrimonial dispute between the first petitioner and the defacto complainant. Already this Court granted anticipatory bail to the second petitioner/A2 and there is no previous case pending against the first petitioner. However, he prays to dismiss this petition.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side, nature of offences, relationship between parties and no previous case is pending against the first petitioner, and further the FIR was registered in the year 2024 and same is pending and investigation is also almost completed, co-accused was already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the first petitioner, subject to the following conditions:

7. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on 3/6

which the order copy made ready, before the Judicial Magistrate, Thirumangalam on condition that the first 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 learned Magistrate concerned and on further condition that: [a] the first petitioner shall report before the respondent police on every Saturday at 10.30 am for a period of four [4] weeks. [b] the first petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[c] the first petitioner shall not leave India without the previous permission of the Court;

[d] the first petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the first petitioner in accordance with law as if the conditions have been imposed and the first petitioner released on 4/6

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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

Sd/- 29/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mac TO 1.The Judicial Magistrate, Thirumangalam 2 Do Through the Chief Judicial Magistrate.

Madurai.

3. TheThe Inspector of Police, All Women Police Station, Thirumangalam.

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

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+1. CC to M/S. ANANTHKUMAR.M. Advocate SR.No.5237 dt 30.04.2025

ORDER

IN CRL OP(MD) No.17059 of 2024 Date :29/04/2025 RK (15/05/2025) 6 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 6/6