Judgment · High Court

CRL.OP(MD). No.2410 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 07.03.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.2410 of 2025and Crl.M.P(MD).No.1982 of 20251.Saravanakumar2.Madhathevar3.Angammal... Petitioners/A1 to A3Vs.State of Tamil Nadu rep. ,by its ,The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District. Crime No.1 of 2025 ... Respondent /ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioners/accusedNos.1 to 3 on bail in the event of their arrest in Crime No.1 of 2025 on the file of therespondent-police. For Petitioners :Mr.C.EswarapandianFor Respondent:Mr.S.S.ManojGovernment Advocate(Criminal Side)For intervenor : Mr.R.J.Karthik1/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2410 of 2025ORDER : The Court made the following order :-This Criminal Original Petition has been filed by the petitioners on 05.02.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent- police forthe offences punishable under Section 498-A, 294(b), 406 and 506(i) of IPC, in CrimeNo.1 of 2025 on the file of the respondent-police.3. The case of the prosecution is that marriage was solemnized between thefirst petitioner and the defacto complainant on 15.02.2021. The second and thirdpetitioners are in-laws of the defacto complainant. At the time of marriage, thedefacto complainant's parents gave 32 sovereigns of gold ornaments as dowry. Thereafter, the petitioners demanded more dowry from the defacto complainant. They abused her and drove out her from the matrimonial home. Hence, thecomplaint.2/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2410 of 20254. Mr.C.Eswraapandian, learned counsel for the petitioners, submits that thepetitioners are innocent persons, and they have not committed any offence asalleged by the prosecution. He further submits that the petitioners have been falselyimplicated in this case. He however submits that the petitioners are ready to abideby any conditions to be imposed by this Court. He further submits that thepetitioner will redeem the jewels of 25 sovereigns and return the same to the defactocomplainant within one year. Accordingly, he prays to grant an order of pre-arrestbail to the petitioners. 5. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police submits that the matter relates to matrimonialdispute. He further submits that the investigation is still pending and therefore, ifpre-arrest bail is granted to the petitioners, they will cause threat to the defactocomplainant. He therefore prays for dismissal of this petition. 6. Heard on both sides. This Court has perused the records.7. The petitioners have permanent residence. Hence, there is less possibility ofabsconding. In view of the facts and circumstances of the case, and the offences3/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2410 of 2025alleged against the petitioner, this Court is of the opinion the custodial interrogationof the petitioners is not necessary. Considering the same, and also considering thefact that there was matrimonial dispute between the parties, and with a view to givean opportunity to the petitioners to reform themselves, this Court is inclined togrant pre-arrest bail to the petitioners. Accordingly, pre-arrest bail is granted to thepetitioners subject to the following conditions:(i) The petitioners shall be released on pre-arrest bail in the event of theirarrest or in the event of their surrender before the learned Additional Mahila Judge, Srivilliputhur, within a period of 15 days from the date on which the order copy ismade ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousandonly) each along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned Additional Mahila Judge, Srivilliputhur.(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Additional Mahila Judge shall obtain a copy of any oneof identity proofs to ensure their identity. 4/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2410 of 2025(iii) The petitioners shall appear and sign before the respondent police, weeklyonce i.e., on every Sunday at 10.00 am., until further orders. (iv) The petitioners shall redeem the jewels and handed over 25 sovereigns ofgold to the defacto complainant within one year.(v) The petitioners make themselves available for interrogation by a policeofficer as and when required.(vi) The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as todissuade him from disclosing such facts to the Court or to any police officer.(vii) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(viii) The petitioners shall not leave India without the previous permission ofthe Court.(ix) The petitioners shall furnish their residential address and mobile numberto the learned Additional Mahila Judge.(x) The petitioners shall not enter into the residence and workplace of thedefacto complainant.(xi) On breach of any of the aforementioned conditions, the learned AdditionalMahila Judge or Trial Court, as the case may be, is entitled to pass appropriate5/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2410 of 2025orders against the petitioner in accordance with law as if the aforementionedconditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. Consequently, connected Miscellaneous Petition is closed. sd/- 07/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. Rmk To1.The Additional Mahila Judge, Srivilliputhur.2. Do - Through the Chief Judicial Magistrate, Virudhunagar District.3.The Inspector of Police, AWPS Police Station, Rajapalayam, Virudhunagar District.6/7 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.2410 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.C.ESHWARA PANDIAN, Advocate ( SR-2616[I] dated 11/03/2025 )Order made inCRL.OP(MD). No.2410 of 202507.03.2025 VN (26/03/2025) 7 P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.7/7