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Madras High CourtCRL OP(MD)/21198/2025granted

Janat @ A.Janet Mary v. State Of Tamilnadu Rep By Inspector Of Police, Awps-Colachel

2025-11-24Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Janat @ A.Janet Mary

2. Arul Mani @ A.Arulmani ... Petitioners/A2 & A3 Vs State of Tamilnadu Rep by, The Inspector of Police, AWPS-Colachel, Kanyakumari District, Crime No.41/2025.

... Respondent/Complainant For Petitioner : T.Wins, Advocate.

For Respondent : Ms.M.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- C-29AB.For Anticipatory Bail in Crime No.41/2025 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498A, 406 of IPC and Section 4 & 6 of the Dowry Prohibition Act, 1961, in Crime No.240 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that A1 and the defacto complainant are husband and wife. The petitioners A2 & A3 are mother-in-law and father-inlaw of the defacto complainant. The allegation against the petitioners are they harassed the defacto complainant demanding additional dowry and treated her like a domestic servant and verbally abused her and her parents and confined her inside the house for months together. Hence, the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged occurrence as stated by the prosecution. He further submitted that the petitioners are ready 2/6

and willing to abide by any conditions that may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. side) appearing for the respondent submitted that the petitioners are mother-in-law and father-in-law of the defacto complainant. They demanded additional dowry from the defacto complainant and harassed her. However, she opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case, and considering the age of the petitioners and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioners, with stringent conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, 3/6

before the learned Judicial Magistrate, Eraniel, Kanyakumari District, on condition that each of the petitioner shall execute a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties each 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 learned Judicial Magistrate, Eraniel, Kanyakumari District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 report before the respondent police as and when required;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(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 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;

(f) if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

24.11.2025 PJL TO

1. The Judicial Magistrate, Eraniel, Kanniyakumari District.

2. The Inspector of Police, AWPS-Colachel, Kanyakumari District.

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

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S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.21198 of 2025 Date : 24/11/2025 6/6