High Court · 2025

CRL OP(MD). No.4511 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25.03.2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.4511 of 20251.Ramakrishnan2.Chinnammal3.Sarothani ... Petitioners/Accused Rank Not KnownVsThe State of Tamil Nadu,Rep by the Inspector of Police, Dindigul Taluk Police Station, Dindigul District. Crime No.32 of 2025 ... Respondent/ComplainantFor Petitioners:Mr.M.Manimuthu For Respondent:Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023PRAYER :- For Anticipatory Bail in Crime No.32 of 2025 on the file of the respondent-police.1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4511 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 07.03.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant an order of pre-arrest bail.2. The petitioners apprehend arrest at the hands of the respondent-police.Initially the case was registered in Crime No.32 of 2025 under Section 194(3)(i) ofBharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and altered into the offencepunishable under Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023 on the file ofthe respondent-police.3. The case of the prosecution is that the defacto complainant's daughter wasmarried to A1, and they were living separately. While so, on 17.01.2025, at about01.15 p.m., the defacto complainant received shocking news that her daughter hadcommitted suicide by hanging herself. Upon investigation, it was revealed that A1,along with his parents and sister, had been torturing the deceased and abetting her tocommit suicide. Hence, the case. 2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4511 of 20254. Mr.M.Manimuthu, learned counsel appearing for the petitioners submits thatthe petitioners did not commit any offence as alleged by the prosecution and theyhave been falsely implicated in this case. He however submits that the petitioners areready to abide by any conditions to be imposed by this Court. Hence, he prays forgrant of pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side)appearing for the respondent-police, submits that the first petitioner has not beenarrayed as an accused in this case. He further submits that the investigation has notbeen completed and only six witnesses have been examined by the InvestigatingOfficer. He further submits that the investigation conducted so far reveals that thedaughter of the defacto complainant committed suicide only due to the tortureinflicted by the petitioners 2 and 3 and A1. Therefore, he prays to dismiss thisCriminal Original Petition.6. Heard on both sides. This Court has perused the records including the FirstInformation Report and RDO Enquiry Report.7. It is stated by the learned Government Advocate (Crl. Side) that the first3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4511 of 2025petitioner, namely, Ramakrishnan has not been arrayed as an accused in this case.The above submission is recorded. Hence, this Criminal Original Petition qua firstpetitioner is dismissed as he has no reasonable apprehension of arrest at the hands ofthe respondent-Police in connection with the present crime.8. Considering the fact that the petitioners 2 and 3 are women and they havepermanent residence and deep roots in the Society and therefore, there is lesspossibility of absconding. It is stated that the 3rd petitioner is a College goingstudent aged 21 years and she is unmarried. Considering the same and in view of theovert act allegedly committed by the petitioners 2 and 3, this Court is of the view thatcustodial interrogation of the petitioners 2 and 3 is not necessary in this case. Hence,this Court is inclined to grant an order of pre-arrest bail to the petitioners 2 and 3subject to the following conditions:(i) The petitioners 2 and 3 shall be released on bail in the event of their arrest orin the event of their surrender before the learned Judge, Additional Mahila Court,Dindigul District, 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.25,000/- (Rupees Twenty FiveThousand only) each along with two sureties each for a like sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the satisfaction of the learned Judge,4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4511 of 2025Additional Mahila Court, Dindigul District;(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 Judicial Magistrate shall obtain a copy of any one ofidentity proofs to ensure their identity;(iii) The petitioners 2 and 3 shall make themselves available for interrogation bya police officer as and when required;(iv) The petitioners 2 and 3 shall not, directly or indirectly, make anyinducement, threat or promise to any person acquainted with the facts of the case soas to dissuade him from disclosing such facts to the Court or to any police officer;(v) The petitioners 2 and 3 shall not leave India without the previouspermission of the Court;(vi) The second petitioner shall appear and sign before the respondent-Policedaily at 10.00 a.m. until further orders. The third petitioner shall appear and signbefore the respondent-Police weekly once i.e., on every Sunday at 10.00 a.m. untilfurther orders;(vii) The petitioners 2 and 3 shall furnish their residential address and mobilenumber to the learned Judge, Additional Mahila Court, Dindigul District;(viii) The petitioners 2 and 3 shall not, directly or indirectly, cause any threat to5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4511 of 2025the defacto complainant and witnesses and shall not tamper the evidence; and(ix) On breach of any of the aforementioned conditions, concerned Magistrate,or Trial Court as the case may be, is entitled to pass appropriate orders against thepetitioners 2 and 3 in accordance with law as if the aforementioned conditions areimposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283].9. Accordingly, this Criminal Original Petition qua petitioners 2 and 3 isallowed subject to the conditions stated supra and dismissed qua first petitioner. sd/- 25/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. MBITO1 THE JUDGEADDITIONAL MAHILA COURT,DINDIGUL DISTRICT.2 THE INSPECTOR OF POLICE,DINDIGUL TALUK POLICE STATION,DINDIGUL DISTRICT.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.4511 of 20253 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.THIRUPATHIRAJ, Advocate ( SR-3379[I] dated 25/03/2025 ) ORDER IN CRL OP(MD) No.4511 of 2025 Date :25/03/2025 HPS/SAR / 23.04.2025/7P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from17/07/2023. 7/7