Kaliyammal v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.09.2025 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY

1. Kaliyammal

2. Murugan

3. Sakkammal

4. Alamelu

5. Bavani ... Petitioners/ Accused No.2, 7 to 10 Vs The State of Tamil Nadu Represented by The Sub Inspector of Police, All Women Police Station, Srivilliputhur District.

(Cr.No.22 of 2025) ... Respondent/Complainant For Petitioners : Mr.R.Alagumani For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.22 of 2025 on the file of the Respondent Police. 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 294 (b), 323, 506 (i), 494 of I.P.C and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.22 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant married the first accused namely Karutharaja on 06.09.2020, he is working as a constable in Tamil Nadu Police Department. At the time of marriage 15 and 2 sovereign jewels and 30 thousand cash and household articles were given as dowry. Immediately after marriage they were moved at the work place of husband at Arivalur. Due to the wedlock they were blessed with 2 children. While so during the year of 2021, the 1st accused/husband developed illegal affair with the 1st petitioner Kaliammal, while questioning the same, the first accused/husband abused and assaulted the de-facto complainant. In these regards, a complaint was made by the wife against the husband before the Vanniyampatti Police Station and the same was registered as 2/6

Crime No.24/2024 against the 1st accused/husband for the offences punishable u/s 294 (b), 324, 506 (2) r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022. In the meantime, the complainant was deserted by her husband and the first accused started to live with the first petitioner/Kaliammal. The 1st accused/husband was supported by the family members of the first accused. Hence, the defacto complainant made a complaint before the respondent police to take action against her husband, 2nd wife and family members of both of them. But, they are not registered the FIR. Hence she moved an application under Section 156 (3) before the learned Magistrate. Upon the direction issued by the learned Judicial Magistrate FIR came to be registered. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and have not committed any offence as alleged by the prosecution. He further submitted that there is no previous case pending against the petitioners. He further submitted that the petitioners are ready and willing to abide by any stringent 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 is 3/6

no previous case pending against these petitioners. He further submitted that the investigation has been completed. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the investigation has been completed and there is no previous case pending against these petitioners, 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 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 Judicial Magistrate, Vadipatti on condition that the petitioners shall execute a separate 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate, Vadipatti 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 4/6

Bank pass Book to ensure their identity;

(b) the petitioners shall furnish their residential address and mobile number to the learned Judicial Magistrate, Vadipatti. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate, Vadipatti;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of 30 days. (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 SCW 5560]; and;

5/6

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

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

ebsi TO

1. The Judicial Magistrate, Vadipatti.

2. The Sub-Inspector of Police, All Women Police Station, Srivilliputhur, Virudhunagar District.

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

ORDER

IN CRL OP(MD) No.14344 of 2025 Date :01/09/2025 HPS/12.09.2025 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6