High Court · 2025

Crl.O.P.No.19541 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.07.2025CORAMTHE HONOURABLE MR JUSTICE M.NIRMAL KUMARCrl.O.P.No.19541 of 2025 1.Surendar2.Kalaivani3.Jayaraman4.Revathi5.Vignesh6.Krishnaveni @ Mariyammal7.Salammal8.Eswari9.Aravindan ... Petitioners Vs.State represented byThe Inspector of PolicePernampet Police StationVellpre District(Crime No.175 of 2025). ... Respondent1/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on Bail in the event of their arrest in Crime No.175 of 2025, pending investigation, on the file of the respondent.For petitioners : Mr.E.KannadasanFor Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)ORDERThe petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 305(e) of BNS, 2023 (under Section 380 of IPC), in Crime No.175 of 2025, on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that on 24.02.2025 at about 01.30 p.m., when the defacto complainant decided to put her all the jewels in 2/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025her bank locker, due to that she opened her bero found the locker was broke open and her 13 ½ soverigns of gold jewels were missing and both the first petitioner and the defacto complainant made a search in the house, but she was unable to find. Hence, she asked the first petitioner to come along with her for lodging a complaint, but he refused the same and on knowing the missig of her jewels her parents went there and these petitioners conducted Kattaipanchayat and also directed them not to prefer any more complaint before the police and also thereatened them. Hence, the complaint.3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed for grant of anticipatory bail to the petitioners. 3/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 20254. The learned Government Advocate (Crl.Side) appearing for the respondent police while opposing for grant of bail to the petitioners, reiterated the prosecution case. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.6. Considering the submissions made on either side, it is seen that the defacto complainant is the wife of the first petitioner, she had lodged a complaint that her 13.5 soverings of gold jewels were found missing. The contention of the learned counsel for the petitioner is that the first petitioner and defacto complainant has got serparated and there was a matrimonial discard between them. The first petitioner had lodged a complaint against the defacto complainant before All Women Police Station, Gudiyatham, where 4/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025she was called for enquiry and she failed to participate and thereafter, the petitioner had filed a divorce petition in HMOP.No.128 of 2025 before the Family Court, Vellore, on 03.06.2025. The case was posted on 03.07.2025. As a counter blast to the same, this case has been filed on 24.06.2025 as though the occurence had taken place on 24.02.2025. Further yet another FIR in Crime No.174 of 2025 was registered as though the first petitioner assulted the defacto complainant. In view of the above, this Court finds that the matrimonial discard has been manifested into a criminal Act and already the Family Court has taken coginazance of the dispute and the case is pending there, this Court is inclined to grant 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, within a period of fifteen days from the date on which the order copy made ready, before the learned 5/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025Judicial Magistrate, Gudiyatham, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;[c] the first petitioner shall report before the respondent Police everyday at 10.30 a.m., for a period of two weeks and other accused shall report before the respondent police as and when required for further interrogation;6/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025[d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[e] the petitioners shall make himself available for interrogation by a Police office as and when required;[f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;[g] the petitioners shall not abscond either during investigation or trial;[h] 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];7/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025 [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 25.07.2025dnaTo:1.The Judicial Magistrate, Gudiyatham.2.The Inspector of PolicePernampet Police StationVellpre District(Crime No.175 of 2025).3.The Public Prosecutor,High Court Madras.8/9 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19541 of 2025M.NIRMAL KUMAR, J.dnaCrl.O.P.No.19541 of 2025 25.07.20259/9