Mahendran Vs The State of Tamil Nadu

The State of Tamilnadu, Represented By, The Inspector of Police, All Women Police Station, Musiri, Trichy District. (Cr.No.15 of 2025) ... Respondent / Complainant

¶12

For Petitioner : Mr.R.L.Dhilipan Pandian For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

¶13

PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023

¶14

PRAYER :-

¶15

For Anticipatory bail in Cr.No.15 of 2025 on the file of the respondent police.

¶16

ORDER : The Court made the following order :-

¶17

The petitioner /Sole Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498(A), 323, 506(i) of

¶18

1/5

¶19

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

¶20

CRL OP(MD). No.8518 of 2025

¶21

IPC, in Cr.No. 15 of 2025 on the file of the respondent police, seeks anticipatory bail.

¶22

The case of the prosecution is that the petitioner /accused and the defacto complainant got married in the year 2019. Due to some difference of opinion and due to dowry dispute, they were separated and the defacto complainant was living in her parental home along with her child. She filed a petition in DVC No.83 of 2023 before the Additional Mahila Court, Trichy. On 26.03.2024, the accused abused the defacto complainant and assaulted her and forcibly took the child along with him. Hence the complaint.

¶23

The learned Counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He is ready to co-operate with the investigation and abide by any condition imposed by this Court.

¶24

Learned Government Advocate (Crl side) on instructions would submit that it is a matrimonial dispute between the parties, the defacto complainant has filed a petition in HMOP No.187 of 2025 seeking divorce and the same is pending before the Family Court, Trichy.

¶25

Considering the nature of the allegations and considering the fact that it is a matrimonial dispute and considering the fact that DVC and HMOP proceedings are pending between the parties, this court is inclined to grant anticipatory bail to the

¶26

2/5

¶27

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

¶28

CRL OP(MD). No.8518 of 2025

¶29

petitioner with certain conditions:

¶30

Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thuraiyur, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or 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:

¶31

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

¶32

[b] the petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.

¶33

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

¶34

[d] the petitioner shall not abscond either during investigation or trial.

¶35

[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

¶36

3/5

¶37

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

¶38

CRL OP(MD). No.8518 of 2025

¶39

with law as if the conditions have been imposed and the petitioners 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].

¶40

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/08/05/2025

/ TRUE COPY /

/05/2025

Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court,

¶45

Madurai - 625 023.