Dinesh Sathappan @ Dinesh V Sathappan v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/12/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Dinesh Sathappan @ Dinesh V Sathappan ... Petitioner/Sole Accused Vs State of Tamil Nadu, The Inspector of Police, AWPS Police Station, Srirangam, Trichy City.

(Crime No.29/2024.) ... Respondent/Complainant For Petitioner :

Mr.Santhanam Rajeshkumar, Advocate For Respondent :

Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.29 of 2024 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police 1/5

for the alleged offence under Sections 294(b), 417 and 506(1) IPC in Crime No.29 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that a marriage was arranged between the accused and the defacto complainant by both the families. A betrothal function was also held on 25.03.2024 and marriage date was fixed. Thereafter, the accused and the defacto complainant were in touch with each other through a social media platform. Subsequently, the accused person is said to have refused to marry the defacto complainant. When the same was questioned, he abused the defacto complainant in filthy language and threatened with dire consequences.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent police.

4. Taking into consideration the facts and circumstances of the case and considering the nature of dispute involved in this case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, this criminal original petition is ordered and the petitioner is ordered to be released on anticipatory 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 Additional Mahila Court (Judicial Magistrate), Tiruchirapalli District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each 2/5

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 said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] 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. [c] the petitioner shall report before the respondent police as and when required for interrogation.

[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; 3/5

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 11/12/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judge, Additional Mahila Court, (Judicial Magistrate Level), Tiruchirapalli District.

2.Do through the Chief Judicial Magistrate, Tiruchirapalli District.

3.The Inspector of Police, AWPS Police Station, Srirangam, Trichy City.

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

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-15307[I] dated 12/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.21834 of 2024 Date :11/12/2024 ED/ SKN /SAR- (26/12/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5