High Court · 2025

CRL.OP(MD). No.6091 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 17.04.2025PRESENTTHE HON'BLE MR.JUSTICE R.SAKTHIVELCRL.OP(MD). No.6091 of 2025TS Yohesh Babu... Petitioner / Accused No.1Vs.The State of Tamil Nadu rep byThe Inspector of Police,AWPS-Thirupparankundram,Madurai City.(Crime No.1 of 2025)... Respondent /ComplainantPRAYER :- The Criminal Original Petition filed under Section 482 of the BharatiyaNagarik Suraksha Sanhita (BNSS), 2023 praying to grant pre-arrest bail to thepetitioner in Crime No.1 of 2025 on the file of the respondent-police.For Petitioner :Mr.P.Suresh,AdvocateFor Respondent:Mr.S.S.Manoj,Government Advocate(Criminal Side)ORDER : The Court made the following order :-1/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 2025This Criminal Original Petition has been filed by the petitioner on 01.04.2025under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of pre-arrest bail.2. The petitioner apprehends arrest at the hands of the respondent-police forthe offences punishable under Sections 61(2), 296(b), 115(2), 318(2), 351(3), 85 ofBNS, 2023 and Section 4 of TNPHW Act, in Crime No.1 of 2025 on the file of therespondent-police.3. The case of the prosecution is that the defacto complainant married the 1staccused on 06.02.2022 at Friends Mahal, Madurai. At the time of marriage, theaccused claimed that the 1st accused was a B.E. graduate working as an Electro-Technical Officer earning Rs.4.5 lakhs per month and demanded 30 sovereigns ofgold as dowry. Despite financial constraints, the defacto complainant’s family gave17½ sovereigns of jewels, silver items worth Rs.50,000/-, and household articlesworth Rs.1 lakh. The couple began their matrimonial life at Polichalur, Chennai,along with Accused Nos.2 and 3. Accused Nos. 4 and 5, though residing nearby,were involved in family decisions. The defacto complainant was harassed byAccused Nos. 2 to 5 for her financial background and was treated poorly. The2/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 2025accused forced her to undergo IUI treatment, which failed. The 1st accused laterdistanced himself and contributed minimally to maintenance. Following furthercoercion, the defacto complainant was forced into IVF treatment, hospitalized, andnot visited by any accused. After the treatment failed, she was abused, threatened,and made to sign blank documents under coercion. Her jewels were returned, andshe was expelled from the matrimonial home. Despite complaints made to policeand higher authorities, no action was taken. A petition under Section 175(3) BNSSwas filed, and based on the Judicial Magistrate’s direction, the present FIR wasregistered on 04.01.2025.4. Mr.P.Suresh, the learned counsel for the petitioner, submits that thepetitioner is an innocent person and that he has not committed any offence asalleged by the prosecution. He further submits that the defacto complainant haschosen to file cases one after another with the intent to harass the petitioner and hisfamily members on a daily basis. As a result, the petitioner and his family membershave been frequently required to appear before the court and at police stations. Hehowever submits that the petitioner is ready to abide by any conditions to beimposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail tothe petitioner.3/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 20255. Per contra, Mr.S.S.Manoj, the learned Government Advocate (Criminal Side)appearing for the respondent-police, submits that the accused persons harassed thedefacto complainant and subjected her to both mental and physical torture. Hefurther submits that there are no previous cases against the petitioner. He furthercontends that if the petitioner is released on pre-arrest bail, he will cause threat tothe defacto complainant and tamper with the evidence. Therefore, he prays todismiss this Criminal Original Petition.6. Heard on both sides. This Court has perused the records. 7. It appears that the marriage between the petitioner and the defactocomplainant was solemnized on 06.02.2022. It is noted that the petitioner hasinstituted H.M.O.P. No. 1390 of 2024 before the Family Court, Madurai, underSection 13(1)(ia) and (ib) of the Hindu Marriage Act, seeking dissolution of themarriage. It is also admitted that all the jewels belonging to the defacto complainanthave been returned to her. Considering the above, along with the fact that thepetitioner has been regularly paying a sum of Rs.3,000/- per month towardsmaintenance and the nature of the offence allegedly committed by the petitioner,4/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 2025and taking note of the fact that there are no previous cases against the petitioner,and with a view to give an opportunity to the petitioner to reform himself, thisCourt is inclined to grant an order of pre-arrest bail to the petitioner subject to thefollowing conditions:(i) The petitioner shall be released on pre-arrest bail in the event of his arrestor in the event of his surrender before the learned Judicial Magistrate No.VI,Madurai, within a period of 15 days from the date on which the order copy is madeready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousandonly) to the satisfaction of the learned Judicial Magistrate No.VI, Madurai.(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 petitioner shall appear and sign before the respondent-police weeklytwice i.e., on every Monday and Friday at 10.00 a.m. until further orders. 5/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 2025(iv) The petitioner shall make himself available for interrogation by a policeofficer as and when required.(v) The petitioner shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer.(vi) The petitioner shall also not, directly or indirectly, cause any threat to thedefacto complainant and witnesses and shall not tamper the evidence.(vii) The petitioner shall not leave India without the previous permission ofthe Court.(viii) The petitioner shall furnish his residential address and mobile numberto the concerned Magistrate.(ix) The petitioner shall not enter into the defacto complainant's house or herwork place and shall also not contact the defacto complainant either directly orthrough any electronic mode.6/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 2025(x) On breach of any of the aforementioned conditions, the learned JudicialMagistrate or Trial Court, as the case may be, is entitled to pass appropriate ordersagainst the petitioner in accordance with law as if the aforementioned conditions areimposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. Stateof Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 17/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. pal To1.THE JUDICIAL MAGISTRATE NO.VI, MADURAI.7/8 https://www.mhc.tn.gov.in/judis CRL.OP(MD). No.6091 of 20252. THE CHIEF JUDICIAL MAGISTRATE, MADURAI.3.THE INSPECTOR OF POLICE, AWPS-THIRUPPARANKUNDRAM, MADURAI CITY.4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.6091 of 2025 Date :17/04/2025 VN/09.05 .2025 8P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 8/8