Siva v. State Of Tamilnadu Rep By Inspector Of Police,Awps,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.M.Siva 2.P.Murugan 3.M.Michealammal ... Petitioners/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, All Women Police Station, Valliyur, Tirunelveli District.
Crime No.97 of 2025.
... Respondent/Complainant For Petitioner : A.Arun Ramnath Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PRAYER :- C-38AB. For Anticipatory Bail in Crime no.97 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/8
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b)and 69 of BNS, 2023, [corresponding offence u/s 294(b) of IPC] in Crime No.97 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on false promise, the 1st petitioner was living together with the defacto complainant and refused to marry her. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. side) submitted that petitioners have no previous case. 2/8
However, he opposed for grant of anticipatory bail to the petitioners.
5. Since there were allegations of live-in relationship this Court after obtained consent from the parties referred the case for psychological counselling. The parties had appeared and a report has been submitted before this Court. The report states that both the parties agreed that there is no sexual relationship and live-in relationship. But it is only romantic relationship with emotional escalation. The parents of the boy side had accepted the romantic relationship and agreed for marriage. But the girl side disagreed for marriage. Inspite of the same arrangements were made by the boy's side to conduct marriage. During the period there was severe interpersonal conflict between the boy and the girl, the girl pressurised the boy, given suicide threats and make them liable for the suicide. Hence there was erosion of trust, which had resulted in withdraw and called of the marriage. Hence there is no sexual relationship or live-in relationship. Consequently 3/8
the petitioners are entitled to anticipatory bail.
5. Considering the facts and circumstances of the case, 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 bail in the event of arrest or on their appearance, 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 learned Judicial Magistrate, Valliyoor, within a period of fifteen days from the date on which the order copy is 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 4/8
book to ensure their identity;
[b] the petitioners are directed to deposit a sum of Rs.1,00,000/-(Rupees One lakh only) to the credit of Crime No.97 of 2025 before the learned Judicial Magistrate, Valiyoor and on such deposit, the learned Magistrate shall accept the sureties; the petitioner shall deposit the same in six equal installments; and after receiving the entire amount, the learned Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;
if any default in payment, the anticipatory bail granted will be 5/8
automatically dismissed; after deposit of the entire amount, the defacto complainant is permitted to withdraw the criminal complaint;
Further this condition will not be impediment to raise all the grounds in the trial;
[c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
[d]the petitioners shall not tamper with the 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 are released on bail by the 6/8
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];
[g]If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
18.02.2026 PJL TO 1.Judicial Magistrate, Valliyoor.
2.The Inspector of Police, All Women Police Station, Valliyur, Tirunelveli 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.23071 of 2025 Date : 18/02/2026 8/8