V Pasupathi v. State Rep by the Inspector of Police

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 294(b), 151(2) and Section 4 of Women Harassment Act in Crime No.146 of 2025, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that, due to matrimonial dispute, first and third petitioner assaulted the defacto complainant and her father and abused them. Hence, the case.

¶3The learned counsel appearing for the petitioners submitted that the petitioners are innocent; that they have been falsely implicated in this case; that the petitioners have no bad antecedents in any case, custodial interrogation of the petitioners is not required and sought anticipatory bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and the petitioners have no bad antecedents.

¶5Taking into consideration the facts and the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, 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 of receipt of a copy of this order, before the learned Judicial Magistrate 1, Kancheepuram on condition that the petitioners 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 said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [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 their Aadhar card or Bank pass Book to ensure their identity. [b] the first and third petitioner shall report before the respondent police daily at 10:30 a.m. for a period of two months and thereafter as and when required for interrogation ; second petitioner shall report before the respondent police as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation 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/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the

K. GOVINDARAJAN THILAKAVADI, J. gv 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

28.05.2025 Note:-

¶1Registry is directed to forthwith upload this order in the official website of this Court.

¶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:

¶1The Judicial Magistrate No.1, Kancheepuram.

¶2The Inspector of Police, Baluchettychatram Police Station, Baluchettychatram, Kancheepuram District.

¶3The Public Prosecutor, Madras High Court. CRL. O.P. NO. 16004 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.05.2025 CORAM THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI CRL. O.P.No.16004 of 2025 1.V.Pasupathi 2. Sangeetha 3. Sridhar ... Petitioners Vs State Rep by : The Inspector of Police, Baluchettychatram Police Station, Baluchettychatram, Kancheepuram District. (Crime No.146 of 2025) ...Respondent Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 to enlarge the petitioner/Accused on anticipatory bail in the event of arrest in Crime No. 146 of 2025 pending on the file of the respondent police. For petitioner : M/s.R.S.Rangabashyam For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor