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Madras High CourtCRL OP(MD)/14306/2025granted

V. Xavier, v. The State Of Tamilnadu

2025-09-01Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY V. Xavier Petitioner Vs The State of Tamilnadu Rep. by The Inspector of Police, AWPS Colachel - Police Station, Kanyakumari District. Cr.No.14 of 2025.

Respondent For Petitioner : Mr.J.Jeyaram For Respondent : A.S.Abul Kalaam Azad Prayer: For Anticipatory Bail in Crime No.14 of 2025 on the file of the Respondent Police.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498A, 406 of IPC and 4 of D.P. Act, in Crime No.14 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner herein is A-1. The petitioner herein is husband and the defacto complainant is wife of A-1. He along with other accused persons harassed the defacto complainant and demanded more 1/4

dowry. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner herein is an innocent innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner herein has already granted anticipatory bail and he is not complying within the stipulated period.

5. Considering the above facts and circumstances of the case and also considering the fact that already the petitioner herein was granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner .

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, Eraniel, 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, Eraniel, failing which, the petition for anticipatory 2/4

bail shall stand dismissed and on further condition that: (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, Eraniel. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Eraniel;

(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; 3/4

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

sd/- 01/09/2025 / TRUE COPY / /09/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

KSA To

1. The Judicial Magistrate, Eraniel.

2. The Inspector of Police, AWPS Colachel - Police Station, Kanyakumari District.

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

+1 CC to M/s.J.SIVARAM, Advocate ( SR-9557[I] dated 03/09/2025 )

ORDER

IN CRL OP(MD) No.14306 of 2025 Date :01/09/2025 SBN/10.09.2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4