J. Suresh v. State Rep by Its the Inspector of Police

ORDER The petitioner, who apprehends arrest in the hands of the respondent police for the offences punishable under Sections 85, 296(b) of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act (TNPHW), 2002 and Section 4 of Dowry Page No.1 of 6 Prohibition Act, 1981 in connection with the case in Crime No.22 of 2025, seeks anticipatory bail.

¶2The case of the prosecution is that there exists a matrimonial dispute between the petitioner and the defacto complainant, thereby the petitioner harassed the defacto complainant and caused cruelty. Hence, the complaint.

¶3Learned counsel for the petitioner would contend that the petitioner is innocent; that there exists a family dispute between the petitioner and the defacto complainant; that he has been falsely implicated in this case and that the custodial interrogation is not required in this case. Hence, prayed to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing on behalf of the respondent would submit that there exists a family dispute between the petitioner and the defacto complainant, thereby the petitioner harassed the defacto complainant and caused cruelty and no previous cases are pending against the petitioner, hence opposed to grant anticipatory bail to the petitioner.

¶5Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the Page No.2 of 6 materials available on record.

¶6Considering the nature of allegations, the relationship and the matrimonial dispute between the parties; no previous cases are pending against the petitioner and since the custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Magistrate, Thiruvallur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties 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 conditions that: [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. [b] the petitioner shall report before the respondent police every Page No.3 of 6 Saturday at 10.30 a.m., for a period of four weeks; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 30-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni Note:

¶1Registry is directed to forthwith upload this order in the official website of this Court. Page No.4 of 6

¶2All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

1.The Additional Mahila Magistrate, Thiruvallur.

2.The Inspector of Police AWPS Police Station, Pattabiram, Thiruvallur District.

3.The Public Prosecutor, Madras High Court, Chennai. Page No.5 of 6 CRLeOPeNo.e35685eofe2025 P.DHANABALoJ. Jeni CRLoOPoNo.o35685oofo2025 o 30-12-2025 PageoNo.6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL J.Suresh Petitioner(s) Vs State rep by its The Inspector of Police AWPS Police Station, Pattabiram, Thiruvallur District. Respondent(s) PRAYER To enlarge the petitioner on Anticipatory bail in the event of his arrest by the respondent police in Crime No.22 of 2025, pending on the file of the respondent police. For Petitioner(s): Mr.Johnson Yuvaraj V For Respondent(s): Mr.S.Udaya Kumar Government Advocate (Crl. Side)