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Madras High CourtCRL OP(MD)/14923/2025granted

Ramesh v. The State Of Tamil Nadu,

2025-09-10Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Ramesh 2.Umamaheswari ... Petitioners/A2 and A3 Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Sellur Police Station, Madurai City, Madurai District.

(Crime No.1018 of 2025) ... Respondent/Complainant For Petitioners : Mr.M.Marimuthu For Respondent : Mr.A.S,Abul Kalaam Azad Government Advocate (Crl.Side) For Intervener : Mr.J.Selvam PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.1018 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 194(3) of BNSS @ Sections 80(2) and 108 of BNS, 2023 (Corresponding of 304B and 306 of IPC), in Crime No.1018 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are in-law of the deceased. The petitioners are brother and sister of A1. The marriage between A1 and the defacto complainant's younger daughter was solemnized on 05.09.2024 at Sellur, Madurai. At the time of marriage, the deceased's parents gave 126 sovereigns of gold jewels and cash to the petitioners' family. After the marriage, A1 and his family members demanded more dowry and harassed her. A1 also threatened her by demanding dowry. On 15.03.2025, she was assaulted and hospitalized. Again on 23.05.2025, she lodged a complaint in Crime No.635 of 2025, before the Sellur Police Station. Further, she lodged another complaint and the same is pending in C.S.R.No.195 of 2025 before the Peraiyur 2/8

AWPS. On 29.08.2025, due to unbearable torture, the victim attempted suicide by inflicting cut injuries and consumed poison and was admitted to Government Hospital, Madurai. On 30.08.202, at 08.50, she succumbed to the injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are in-laws and they are living separately in a different residence. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 4.The learned counsel appearing for the intervener vehemently opposed to grant anticipatory bail to the petitioners, since the deceased died within one year from the date of marriage.

5. The learned Government Advocate (Criminal Side) submitted 3/8

that there is no specific overt act attributed against the petitioners. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case and also the fact that the investigation has been almost completed and the petitioners are in-laws only and there is no specific overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of the petitioner 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 learned Judicial Magistrate No.II, Madurai, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond 4/8

and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for interrogation. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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 5/8

[(2005)AIR SCW 5560].

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

8.Accordingly, this criminal original petition is allowed. The petitioners are directed to hand over the jewels and sreedhana articles to the deceased's parents, if any.

9.List the matter on 15.10.2025, "for reporting compliance". (S S Y J) 10.09.2025 2/2 vsg 6/8

To 1.The learned Judicial Magistrate No.II, Madurai. 2.The Inspector of Police, Sellur Police Station, Madurai City, Madurai District.

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

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S.SRIMATHY,J vsg

ORDER

IN 10.09.2025 2/2 8/8