High Court · 2025

Crl.O.P.Nos.30810, 30987 and 31088 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.01.2025CORAMTHE HONOURABLE Mr. JUSTICE A.D.JAGADISH CHANDIRACrl.O.P.Nos.30810, 30987 and 31088 of 2024Crl.O.P.No.30810 of 2024:-1. S.Manoharan2. M.Charlet Vasantha Leela ... Petitioners VsState represented byInspector of All Women Police Station -W32,Madipakkam, Chennai.(Crime No.unknown) ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of arrest in respect of Crime Number is unknown of 2024 expects on the file of the Inspector of All Women Police Station -W32, Madipakkam, Chennai.For Petitioners: Mr.B.WilliamFor Respondent: Mr.S.Santhosh Government Advocate (Crl.Side)For Intervenor: M/s UmashankariCrl.O.P.Nos.30987 and 31088 of 2024:-C.M.Shiva Thalil ... Petitioner in Crl.O.P.No.30987 of 2024R.Suthar Singh ... Petitioner in Crl.O.P.No.31088 of 2024VsThe State represented byInspector of All Women Police Station -W32,Madipakkam, Chennai.Page 1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 2024(Crime No.unknown/2024) ... Respondent in both Crl.O.PsPrayer in Crl.O.P.Nos.30987 and 31088 of 2024: Criminal Original Petitions is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioners on bail in the event of arrest in respect of Crime Number is unknown of 2024 expects on the file of the Inspector of All Women Police Station -W32, Madipakkam, Chennai pending investigation.For Petitioners: Mr.B.WilliamFor Respondent: Mr.S.Santhosh Government Advocate (Crl.Side)For Intervenor: M/s UmashankariCOMMON ORDER Apprehending arrest in connection with Crime No.unknown of 2024 registered for the offences punishable under Sections 498-A of IPC and Section 4 of Dowry Prohibition Act and Sections 74, 77, 78, 79 of BNS, the present petitions have been filed seeking anticipatory bail.2. The case of the prosecution as per the defacto complainant Divya is that she got married to the first accused and have two children. At the time of marriage, 140 sovereigns of jewels were given and a sum of Rs.25 Lakhs was spent towards the marriage expenses. However, since her husband had harassed, the defacto complainant's parents had given a sum of Rs.59 Lakhs to her. During January, 2023, the accused had harassed and demanded dowry and Page 2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 2024asked her for property, thereby she had come back to her parents' home. Thereafter, she had filed an application for divorce before the Sub Court in D.V.No.31 of 2024 and also for maintenance in M.C.No.27 of 2024 before the Mahila Court. While so, the first accused had filed a petition for restitution of conjugal rights before Nagarcoil Court. On 10.11.2024, when the defacto complainant was speaking to her advocate, the accused had taken a video of the same and had sent to the relatives stating that the defacto complainant was in love with some other person and the relatives of the first accused also threatened and intimidated the defacto complainant. Hence, the case.3. Pleading innocence on the part of the petitioners and false implication in the case, learned counsel for the petitioner/first accused seek indulgence of this Court. The learned counsel for the petitioner/first accused would submit that the first accused is the husband of the defacto complainant. The defacto complainant is none other than the aunt's daughter and the marriage was solemnized on 04.09.2016. He further submitted that out of wed lock, there are two children. Subsequently, due to running of business, there was misunderstanding between the parties, which resulted in matrimonial discord and the defacto complainant had filed a divorce petition before the Sub Court, Alandur. He would further submit that A1 had filed a petition for restitution of Page 3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 2024conjugal rights before the Sub Court, Nagarcoil. He would further submit that the relatives are taking steps for settlement and as per the undertaking given by the petitioner on 17.02.2024, A1 had redeemed the jewels and is ready to handover to the defacto complainant and brought the jewels today. He further submitted that though 140 sovereigns of gold jewels are with A1, it is seen that 149.5 grams of gold jewels are with him and it has been handed over to the learned counsel for the Intervenor today.4. The learned counsel for the accused 2 to 4 would submit that the petitioners are the relatives and friend of the first accused. Due to matrimonial dispute, their names have been unnecessarily implicated in this case. He would further submit that the settlement talks are going on and the accused 2 to 4 are also supporting A1 for restitution of conjugal rights. He would further submit that the petitioners are ready to co-operate for the investigation.5. The case of the prosecution as putforth by the learned Government Advocate (Crl. Side) appearing for the respondent Police, while opposing for grant of anticipatory bail, is that though the defacto complainant and the petitioner are relatives at the time of marriage, the defacto complainant's father had given 140 sovereigns of jewels and a sum of Rs.25 Lakhs. Subsequently, Page 4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 2024A1 harassed the defacto complainant and demanded more dowry and also compelled her to transfer the immovable property in her name. He would further submit that the investigation in this case is pending.6. The learned counsel for the Intervenor would submit that A1 harassed the defacto complainant and demanded dowry. She further submitted that she is ready to receive the jewels and there are also other issues between the parties and would pray that the parties may be directed to approach before the appropriate forum.7. Having heard the learned counsel for the petitioners, the learned counsel for the Intervenor and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions and 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 of receipt of a copy of this order, before the Additional Mahila Court, Alandur, on condition that the petitioners shall execute a 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 the Police officer, who Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 2024intends to arrest or to the satisfaction of the said Magistrate, on further condition that:[a] if the petitioners fail to surrender before the said Magistrate within a period of three weeks this Order shall stand automatically cancelled; [b] the petitioner in Crl.O.P.No.30987 of 2024 shall report before the respondent Police daily at 10.30 a.m., for a period of one week and thereafter, as and when required for investigation; The petitioners in Crl.O.P.Nos.30810 and 31088 of 2024 shall report before the respondent Police, as and when required for investigation;[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;[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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS. Page 6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 202406.01.2025Index: Yes/NoInternet: Yes/NomnPage 7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.Nos.30810, 30987 and 31088 of 2024A.D.JAGADISH CHANDIRA, J,mnTo1.The Inspector of All Women Police Station -W32,Madipakkam, Chennai.2.The Public Prosecutor,High Court, Madras.Crl.O.P.Nos.30810, 30987 and 31088 of 202406.01.2025Page 8 of 8