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Madras High CourtCRL OP(MD)/20629/2025granted

S Sahayaraja v. State Of Tamilnadu Rep By

2025-11-19Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/11/2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD).No.20629 of 2025 1.Sahayaraja 2.S.Vallimayil ..petitioners/Accused Nos.2 and 3 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, All Women Police Station, (Crime No.34 of 2025) .. Respondent/Complainant For petitioners: Mr.K.Rajeshwaran For Respondent : Mrs.M.Aasha Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.34 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 498(A), 294(B), 405 and 506(1) of IPC and Section 4 of Dowry Prohibition Act, in Crime No.34 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners harassed the defacto complainant for dowry, that the petitioners' father sexually harassed her and issued death threats, and that the petitioners later attacked her and forcibly took away her 11⁄2-year-old child. It is further alleged that the 1st accused threatened to kill her if she did not meet their demands. Hence, the case.

3.

The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he 2/6

prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that the petitioners harassed the defacto complainant for dowry, that the petitioners' father sexually harassed and threatened her, and that the petitioners later assaulted her and forcibly took her 11⁄2-year-old child. Therefore, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, and also considering the fact that the petitioners are only the father in law and mother in law, 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 anticipatory 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 3/6

this order, before the Additional Mahila @ Judicial Magistrate Level Court, Rajapalayam, Virudhunagar District, on condition that the petitioners shall execute 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 Additional Mahila @ Judicial Magistrate Level Court, Rajapalayam, Virudhunagar District, 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 Bank pass Book to ensure their identity;

(b) the petitioners shall furnish their residential address and contact number to the learned Additional Mahila @ Judicial Magistrate Level Court, Rajapalayam, Virudhunagar District. In the event of any change in their residential address, the petitioners shall report the same to the learned Additional Mahila @ Judicial Magistrate Level Court, 4/6

(c) the petitioners shall appear and sign before the respondent police as and when required for investigation;

(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;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 19.11.2025 jbr 5/6

S.SRIMARTHY,J jbr TO 1.The Additional Mahila @ Judicial Magistrate Level Court, Rajapalayam, Virudhunagar District 2.The Inspector of Police, All Women Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.20629 of 2025 Dated : 19/11/2025 6/6