Thangapandiyan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.01.2025 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Thangapandiyan ... Petitioner / Sole Accused Vs The State of Tamil Nadu Represented by the Inspector of Police, Manaparai All Women Police Station, (Crime No.54 of 2024) ... Respondent/Complainant For Petitioner :

Mr.P.Edin Brough,, Advocate For Respondent :

Mr.A.Albert James, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act. PRAYER :- For Anticipatory Bail in Crime No. 54 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 1/6

for the alleged offences under Sections 64, 89 of BNS, 2023, in Crime No.54 of 2024 on the file of the respondent police, seeks anticipatory bail.

2. When the matter came up for hearing on 16.12.2024, this Court has passed the following order:- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 64 and 89 of BNS in Crime No.54 of 2024 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner had love affair with the defacto complainant. On the false compromise to marry, the petitioner is said to have had physical relationship with the defacto complainant. Later after the defacto complainant became pregnant, she was asked to abort and later, the petitioner started avoiding the defacto complainant.

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 also considering the fact that there was already a love affair 2/6

between the petitioner and the defacto complainant and the petitioner is aged about 28 years and the defacto complainant is aged about 27 years and an attempt can be made to resolve this issue amicably, this Court is inclined to grant interim anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on interim 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 learned Judicial Magistrate, Manaparai, Trichy, on condition that the petitioner 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate.

5.The petitioner and the defacto complainant shall be present before the Mediation Centre attached to this Bench on 19.12.2024 at 03.00 pm. The process of mediation shall commence immediately and a report shall be filed before this Court during the next date of hearing.

6.Post the matter on 23.01.2025."

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3. The petitioner and the defacto complainant were sent for mediation. The mediation report was received to the effect that the parties were not able to reach any settlement. The matter was listed for hearing on 23.01.2025 and this Court passed the following order:- "When the matter was taken up for hearing, the learned counsel for the petitioner submitted that, petitioner is even now willing to marry the defacto complainant. It is submitted that family members of the defacto complainant were not allowing the defacto complainant to marry the petitioner.

2. In view of the above, the respondent police is directed to bring the defacto complainant to the court during the next date of hearing. Petitioner shall also be present before this Court.

3. Post the matter on 30.01.2025."

4. When the matter was taken up for hearing today, the petitioner and the defacto complainant were present along with her mother. The defacto complainant stated that she is willing to marry the petitioner and the mother of the defacto complainant also agreed that she will get her daughter married to the petitioner. The petitioner also stated that he is willing to marry the defacto complainant. 4/6

5. In the light of the above development, immediate steps shall be taken by both the families to get the petitioner and the defacto complainant married.

6. Heard the learned counsel on either side and the parties and perused the material records of the case.

7. In the light of the above discussion, the interim anticipatory bail granted by this Court on 16.12.2024 is made absolute. The time for execution of bond and execution of sureties is extended for a period of 10 days from the date of receipt of a copy of this order.

8. Accordingly, this criminal original petition is allowed. sd/- 30/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PAL To 1.The Judicial Magistrate, Manaparai, Trichy.

2.Do through the Chief Judicial Magistrate, 5/6

3.The Inspector of Police, Manaparai All Women Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.EDIN BROUGH, Advocate ( SR-1286[I] dated 31/01/2025 )

ORDER

IN CRL OP(MD) No.22137 of 2024 Date :30/01/2025 ED/ SKN /SAR- (10/02/2025) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6