Disposed

Devarajan v. State Rep by

Madras HC25 Nov 2024CRL OP/29410/2024

Case brief

AI extract

What is this about?

Petitioners apprehending arrest in a case arising from allegations that they abused and assaulted the defacto complainant after she questioned her husband's illicit relationship sought anticipatory bail. The court granted bail on conditions including bonds with sureties, periodic reporting to police, and non-tampering with evidence.

What did the court decide?

Anticipatory bail granted on bond of Rs.15,000 each with two sureties, subject to reporting and conduct conditions.

Devarajan Vs State Rep by — Dowry and Cruelty | Madras HC (2024)

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Crl.O.P.No.29410 of 2024

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Crl.O.P.No.29410 of 2024

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A.D.JAGADISH CHANDIRA, J.

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The petitioners, who apprehend arrest in connection with Crime No.21 of 2024, registered offences punishable under Sections 85, 79, 74, 296(b), 351(3) of BNS, 2023 and Section 4 of the Prohibition of Harassment of Women Act, 2002, on the file of the respondent Police, seek anticipatory bail.

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The case of the prosecution is that, defacto complainant married to A-1. After marriage, it was found that A-1 was having illicit relationship with another lady, when it was questioned by the defacto complainant, the petitioners abused in filthy language and assaulted the defacto complainant. Hence, the case.

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Learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are ready and willing to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

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Learned Government Advocate (Crl.Side) appearing for the

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https://www.mhc.tn.gov.in/judis Page 1 of 4

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Crl.O.P.No.29410 of 2024

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respondent police while opposing for grant of anticipatory bail to the petitioners/A-2 to A-4, would submit that A-1 had illicit relationship with another lady, when it was questioned by the defacto complainant, he attacked the defacto complainant and that the petitioners/A-2 to A-4 abused and threatened the defacto complainant. He would submit that A-1 was arrested and released on bail. He would further submit that, there is no previous cases pending as against the petitioners.

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Heard the learned counsel for the petitioners, the learned Government Advocate (Crl.Side) for the respondent and perused the entire materials available on record.

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Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are 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 XV Metropolitan Magistrate, George Town, Chennai, on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each with two sureties,

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each for a like sum to the satisfaction of the respondent police or https://www.mhc.tn.gov.in/judis Page 2 of 4

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Crl.O.P.No.29410 of 2024

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the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure their identity;

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[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, on every Saturday at 10.30 a.m., until

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further orders;

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[c] the petitioners shall not tamper with evidence or witness either during investigation or trial;

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[d] the petitioners shall not abscond either during investigation or trial;

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.

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25.11.2024

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https://www.mhc.tn.gov.in/judis

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Page 3 of 4

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Crl.O.P.No.29410 of 2024

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dsn

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A.D.JAGADISH CHANDIRA, J.

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dsn

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Crl.O.P.No.29410 of 2024

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25.11.2024

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https://www.mhc.tn.gov.in/judis

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Page 4 of 4

Devarajan v. State Rep by

Case brief

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Devarajan v. State Rep by

Case brief

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