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Madras High CourtCRL OP(MD)/15326/2025disposed of

Pratheesh Sharma v. The State Of Tamilnadu

2026-02-17Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.02.2026 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.15326 of 2025 1.Pratheesh Sharma 2.Alis Margaret 3.Nishya ... Petitioners Vs.

The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

(Crime No.Not Known of 2025) ... Respondent For Petitioners : Mr.P.Vijayaraghavan For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervener : Mr.B.Sonu PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.Not known 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 Sections 85, 316, 351 of the BNS,2023 and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No. Not known of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant was married to the 1st petitioner. The 1st petitioner was working as Nurse in Indigo Airlines and the defacto complainant was working Nurse at Riyadh, Saudi Arabia. At the time of marriage, the defacto complainant's parents had given 65 sovereign of gold ornaments and three sovereigns of gold ornaments to the 1st petitioner.

The petitioners also gave three sovereigns of Thali Chain, half sovereign of gold chain and two rings to the defacto complainant. The defacto complainant preferred a complaint in CSR No.210 of 2024. After enquiry, the said complaint was closed. The defacto complainant filed a criminal miscellaneous petition to register the FIR against the petitioners before the Judicial Magistrate, Mahila Court, Nagercoil, in Crl.M.P.No.552 of 2024 and the same was ordered on 12.11.2024. Hence, the apprehension of arrest. 3.It is seen that the 1st petitioner filed IDOP No.

of the Family Court, Madurai, for restitution of conjugal rights and the same is pending.

4.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

5.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature.

6.The respondent shall not arrest the petitioners 2 and 3 on the condition that the 1st petitioner shall hand over 7 sovereigns of gold to the de facto complainant and the 1st petitioner shall deposit Rs.2,00,000/- in IDOP No.1191 of 2025 on the file of the Family Court, Madurai within a period of four weeks from the date on which the order copy made ready. The defacto complainant is permitted to withdraw the said Rs.2,00,000/- and a memo shall be filed before the IDOP Court regarding the same.

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7.Whenever the FIR is registered, the petitioners are at liberty to approach this Court for anticipatory bail.

8.With the above said observations, the criminal original petition is disposed of, as far as the petitioners 2 and 3 are concerned. 9.As far as the 1st petitioner is concerned, the learned Counsel appearing for the petitioners sought the permission of this Court to withdraw the petition and has also made an endorsement to that effect. 10.In view of the above said submission, the criminal original petition is dismissed as withdrawn as far as the 1st petitioner is concerned. 17.02.2026 TMG TO

1. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

2.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.15326 of 2025 Date : 17.02.2026 5/5