High Court · 2025

CRL MP(MD). No.9883 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 31/07/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD). Nos.12085 & 12090 of 2025andCRL MP(MD). No.9883 of 20251.Jeyarani,W/o.Soundarapandian2.Darshan,S/o.Soundarapandian ... Petitioners in Crl.O.P.(MD).No.12085 of 2025/A3 & A4Jeyabalamurugan,S/o.Soundarapandian ... Petitioner inCrl.O.P.(MD).No.12090 of 2025/A1 VsThe State of Tamilnadu,Rep by the Sub-Inspector of Police,All Women Police Station,Oomachikulam,Madurai District.(Crime No.14 of 2025) ... Respondent/Complainant in both petitions1/7 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9883 of 2025 For Petitioners : Mr.Mohammed Ashik Jaman.J, (in both petitions) Advocate For Respondent : Mr.S.Prakash, (in both petitions) Government Advocate (Criminal Side) For Intervenor: Mr.P Krishnasamy, (in Crl.O.P.(MD) AdvocateNo.12090 of 2025)COMMON PRAYER :- For Anticipatory Bail in Crime No.14 of 2025 on the file of the respondent Police.COMMON ORDER : The Court made the following order :-The petitioners/A1, A3 & A4, who apprehend arrest at the hands of therespondent police for the offences under Sections 109, 498(A) and 506 of IPC r/w.Section 4 of TNPHW Act in Crime No.14 of 2025 on the file of the respondent police,seek anticipatory bail.2. The case of the prosecution is that the 1st accused and the de-factocomplainant are husband and wife. It is alleged that the 1st accused, at theinstigation of the other accused, harassed the de-facto complainant by demanding afurther dowry of Rs.10,00,000/-. Hence, the present case. 2/7 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9883 of 2025 3. The learned counsel for the petitioners submitted that the 1st accused is thehusband of the de-facto complainant, and the 3rd and 4th accused are her mother-in-law and brother-in-law, respectively. The issue pertains to a matrimonial dispute.He submitted that after the filing of a divorce petition by the 1st accused in H.M.O.P.No.125 of 2024 on the file of the Sub Court, Paramakudi, the present FIR came to beregistered by the de-facto complainant against the petitioners. He also submittedthat the father of the de-facto complainant is an advocate and is influencing thepolice to take revenge against the petitioners. He further submitted that thepetitioners are innocent and have not committed any offence as alleged by theprosecution. However, he submitted that the petitioners are willing to abide by anyconditions that may be imposed by this Court. Hence, he seeks anticipatory bail forthe petitioners.4. The learned counsel appearing for the intervenor submitted that the de-factocomplainant is deaf and dumb, with 90% hearing impairment. At the time ofmarriage between the 1st accused and the de-facto complainant, her parents gavegold jewellery and household articles worth about Rs.3 lakhs as Sridhana. After themarriage, the 1st accused allegedly began torturing the de-facto complainant by3/7 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9883 of 2025demanding additional dowry of Rs.10 lakhs. He further submitted that theinvestigation is at a preliminary stage, and if the 1st accused is granted anticipatorybail, he may abscond and tamper with witnesses and evidence. Hence, he stronglyopposed to grant anticipatory bail to the 1st accused.5. The learned Government Advocate (Criminal Side) submitted that there aretotally four accused persons in this case. The 1st accused is the husband of the de-facto complainant, and the 2nd to 4th accused are her in-laws. The 2nd accused iscurrently residing abroad. The de-facto complainant is a disabled person. It isalleged that the accused harassed the de-facto complainant by demanding anadditional dowry of Rs.10,00,000/-. Hence, he opposed to grant anticipatory bail tothe petitioners.6. Taking into consideration the facts and circumstances of the case, the natureof the offence, and also taking note of the fact that as per the FIR, the 1st accuseddemanded a sum of Rs.10 lakhs as dowry, and that the investigation in this case isat preliminary stage, and that there is a specific overt act attributed against the 1staccused, this Court is not inclined to grant anticipatory bail to the 1staccused/petitioner in Crl.O.P.(MD) No.12090 of 2025. However, considering the fact4/7 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9883 of 2025that the 3rd and 4th accused are only the in-laws of the de-facto complainant, and thatno specific overt act has been attributed against them, this Court is of the view thatcustodial interrogation of the 3rd and 4th accused is not necessary. Therefore, thisCourt is inclined to grant anticipatory bail to the 3rd and 4th accused/petitioners inCrl.O.P.(MD)No.12085 of 2025, subject to certain conditions.7. Accordingly, the petitioners/A3 and A4 in Crl.O.P.(MD)No.12085 of 2025are 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 Judicial Magistrate No.V, Madurai, on condition that thepetitioners in Crl.O.P.(MD)No.12085 of 2025 shall execute a bond for a sum ofRs.10,000/- (Rupees Ten Thousand only) each, with two sureties, each for a like sumto the satisfaction of the respondent police or the police officer who intends to arrestor to the satisfaction of the learned Judicial Magistrate No.V, Madurai, failing which,the petition for anticipatory bail shall stand dismissed and on further condition that:(a) the petitioners in Crl.O.P.(MD)No.12085 of 2025 and the sureties shall affixtheir photographs and left thumb impression in the surety bond and the Magistratemay obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;5/7 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9883 of 2025(b) the petitioners in Crl.O.P.(MD)No.12085 of 2025 shall furnish theirresidential address and mobile number to the learned Judicial Magistrate No.V,Madurai. In the event of any change in their residential address, the petitioners inCrl.O.P.(MD)No.12085 of 2025 shall report the same to the learned JudicialMagistrate No.V, Madurai;(c) the petitioners in Crl.O.P.(MD)No.12085 of 2025 shall report before therespondent police daily at 10.30 a.m., until further orders;(d) the petitioners in Crl.O.P.(MD)No.12085 of 2025 shall not tamper withevidence or witness either during investigation or trial;(e) the petitioners in Crl.O.P.(MD)No.12085 of 2025 shall not abscond eitherduring investigation or trial;(f) on breach of any of the aforesaid conditions, the learned Magistrate/ TrialCourt is entitled to take appropriate action against the petitioners in Crl.O.P.(MD)No.12085 of 2025 in accordance with law as if the conditions have been imposed andthe petitioners in Crl.O.P.(MD)No.12085 of 2025 released on bail by the learnedMagistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court inP.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] and;(g) if the accused/petitioners in Crl.O.P.(MD)No.12085 of 2025 thereafterabscond, a fresh FIR can be registered under Section 269 of BNS, 2023.6/7 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.9883 of 20258. Accordingly, the Criminal Original Petition in Crl.O.P.(MD)No.12085 of2025 is allowed, and the Criminal Original Petition in Crl.O.P.(MD)No.12090 of 2025is dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed. sd/- 31/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mknTO1.The Judicial Magistrate No.V, Madurai.2.Do Through The Chief Judicial Magistrate, Madurai. 3.The Sub-Inspector of Police, All Women Police Station,Oomachikulam, Madurai District.4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.+2 CC to M/s.J.MOHAMED ASHIK JAMAN, Advocate ( SR-8310 & 8311 [I] dated01/08/2025 ) ORDER IN CRL OP(MD) Nos.12085 & 12090 of 2025 Date :31/07/2025 HPS/18.08.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7