High Court · 2025

CRL OP(MD). No.22374 of 2024BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 30.01.2025PRESENTThe Hon`ble Mr.Justice N.ANAND VENKATESHCRL OP(MD). No.22374 of 20241.Karthick Selvan2.Venkatesh Babu... Petitioners / A1 & A3 VsThe State of Tamil NaduRepresented by the Inspector of Police,AWPS Thilakar Thidal,Madurai City.(Crime No.19 of 2024)... Respondent / ComplainantV.Karthika... Petitioner/Intervener In CRL MP(MD).56/2025 in CRL OP(MD).22374/2024For Petitioner : Mr.A.Mohamed Ismail, AdvocateFor Respondent : Mr.A.Albert James, Government Advocate (Criminal Side)For Intervenor:Mr.Jaya Vasanthan, AdvocatePETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act.PRAYER :-For Anticipatory Bail in Crime No.19 of 2024 on the file of the respondentpolice.ORDER : The Court made the following order :-When the matter came up for hearing on 18.12.2024, this Court passed thefollowing order:“The petitioners / Accused Nos.1 and 3, who apprehend arrest at1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22374 of 2024the hands of the respondent Police for the offence under Sections 498(A),406, 294(b) and 34 of IPC and Section 4 of Tamil Nadu Prohibition ofHarassment of Women Act (TNPHW Act) in Crime No.19 of 2024, on thefile of the respondent Police, seek anticipatory bail. 2. The complaint itself came to be given by the defacto complainant,since there is a matrimonial dispute. The first petitioner is the husbandand the second petitioner is the brother-in-law of the defactocomplainant. 3. Taking into consideration the facts and circumstances of the caseand considering the fact that the marriage itself had taken place in theyear 2022, this Court is inclined to refer the matter to the Mediation andConciliation Centre attached to this Bench and the first petitioner and thedefacto complainant shall be present before the Mediation Centre on02.01.2025 at 03.00 p.m. Insofar as the second petitioner / brother-in-lawis concerned, this Court is inclined to grant anticipatory bail to the secondpetitioner subject to the following conditions. 4. Accordingly, the petitioner No.2 is ordered to be released onanticipatory bail in the event of arrest or on his appearance, within aperiod of fifteen days from the date of receipt of a copy of this order,2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22374 of 2024before the learned Judicial Magistrate No.V, Madurai on condition thatthe petitioner No.2 shall execute a bond for a sum of Rs.10,000/- (Rupeesten thousand only), with two sureties, each for a like sum to thesatisfaction of the respondent police or the police officer who intends toarrest or to the satisfaction of the said Magistrate, on further conditionthat: [a] if the petitioner No.2 fails to surrender before the said Magistratewithin a period of fifteen days, this order shall stand automaticallycancelled; [b] the petitioner No.2 shall report before the respondent police asand when required for interrogation; [c]the petitioner No.2 shall not tamper with evidence or witnesseither during investigation or trial; [d]the petitioner No.2 shall not abscond either during investigationor trial; [e]on breach of any of the aforesaid conditions, the learnedMagistrate/ Trial Court is entitled to take appropriate action against thepetitioner No.2 in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learned3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22374 of 2024Magistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; [f]if the accused thereafter absconds, a fresh FIR can be registeredunder Section 269 of BNS 2023. 5. The first petitioner and the defacto complainant shall be presentbefore the Mediation and Conciliation Centre attached to this Bench on02.01.2025 at 03.00 p.m. and the process of mediation shall be commencedimmediately and a report shall be filed before this Court on 30.01.2025. Inthe meantime, the first petitioner shall not be arrested by the respondentPolice. ”2. When the matter was taken up for hearing today, the mediation report wasplaced before this Court and it is seen that the mediation attempt has failed. 3. Taking into consideration the facts and circumstances of the case andconsidering the nature of dispute between the parties, no custodial interrogation maybe required in this case and hence, this court is inclined to grant anticipatory bail tothe petitioners with certain conditions: 4. Accordingly, the petitioners are ordered to be released on bail in the event ofarrest or on his appearance, within a period of fifteen days from the date on whichthe order copy made ready, before the learned Judicial Magistrate No.V, Madurai, on4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22374 of 2024condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (RupeesTen Thousand only) with two sureties each for a like sum to the satisfaction of therespondent police or the police officer who intends to arrest or to the satisfaction ofthe learned Magistrate concerned, failing which, the petition for anticipatory bailshall stand dismissed and on further condition that:[a] the petitioners and the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank Pass Book to ensure their identity. [b] the petitioners shall report before the respondent police as and whenrequired for interrogation.[c] the petitioners shall not tamper with evidence or witness either duringinvestigation 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/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.22374 of 2024[f] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 of BNS, 2023. sd/- 30/01/2025/ TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. PKN TO1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.3 THE INSPECTOR OF POLICE, AWPS THILAGAR THIDAL, MADURAI CITY, MADURAI DISTRICT.4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-1159[I] dated 30/01/2025 ) ORDER IN CRL OP(MD) No.22374 of 2024 Date :30/01/2025RS/SKN/SAR-(18.02.2025) 6P 6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/20236/6