Vivekananthan v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-02-2026
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 16293 of 2025
1. Vivekananthan
2. MURALITHARAN @ Mukesh
3. THILAGAVATHI @ Thilagam Petitioner(s) Vs
1. The State of Tamilnadu Rep. by The Inspector of Police All Women Police Station Anna Nagar, Madurai City Madurai (Crime No. 17 of 2025)
2. Keerthana (R2 is suo motu impleaded as per order of this court dated 25.09.2025 in Crl.OP(MD).16293 of 2025) Respondent(s) For Petitioner(s): Mr.S.Karthikeyan For Respondent(s): Mr.S.S.Manoj, Government Advocate (Crl.side) for R1 Mr.D.Ramesh Kumar for R2 Prayer:
C-29AB. For Anticipatory Bail in Crime No. 17 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 498(A), 406 and 506(1) of IPC, in Crime No. 17 of 2025, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the defacto complainant married one Manobala. The said marriage is an arranged marriage and took place on 28.10.2022 at Selva Krishnaveni Thirumana Mahal, Pandi Koil, Madurai. 50 sovereigns of gold jewels was given to the defacto complainant as Sreethana property. When the 1st accused left to foreign country, the petitioners 1 and 2 / Accused Nos.2 and 3 talked and bejhaved in sexual manner with the defacto complainant. When the defacto complainant reported it to her husband he did not take any care. The Accused Nos.3 and 6 also harassed the defacto complainant. Hence, the apprehension of arrest. Hence, a case has been registered as against the petitioners. 3.
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. 4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature. 5.The petitioners admitted and accepted that they would pay the balance amount of Rs.3,00,000/- in the pending HMOP divorce proceedings. Once the amount is paid, both the husband and wife have accepted and agreed for the divorce. 6.
anticipatory bail to the petitioners with 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 the petitioners 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.VI, Madurai, within a period of fifteen days from the date on which the order copy made ready 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 Aadhaar card or bank pass book to ensure their identity. [b]the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required. [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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
8.As far as the present FIR is concerned, once the divorce is granted, the defacto complainant wife is directed to withdraw the present FIR. The defacto complainant shall also give a consent letter for action drop of the FIR. If any of the conditions have not been complied with, the parties are at liberty to approach this Court.
18-02-2026 To 1.The Inspector of Police All Women Police Station Anna Nagar, Madurai City Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3. Judicial Magistrate No.VI, Madurai.