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2025 DAILYLAW 39247 (MAD)

Somasundaram v. STATE REP BY THE INSPECTOR OF POLICE

CRL OP/8287/2025 · 2025-03-20

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.8287 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.03.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8287 of 2025 1.Somasundaram 2.Devika ... Petitioners Vs. State, Rep. by The Inspector of Police W-5, All Women Police Station Selaiyur, Chennai (Crime No.7 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS, to enlarge the Petitioners on bail in the event of arrest in Crime No.7 of 2025, on the file of the respondent Police. For Petitioners : Mr.Javid Akbar For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side) O R D E R The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 498(A), 294(b), 506(i) IPC and Section 4 of Dowry Prohibition Act, in Crime No.7 of 2025, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that, the Petitioners, who are the parents of the first accused and the in laws of the de facto complainant subjected the de facto complainant to abuse and harassment by demanding dowry. 3.The learned counsel appearing for the Petitioners submitted that the 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8287 of 2025 Petitioners are innocent; that they have been falsely implicated in this case and prayed for anticipatory bail for the petitioners. 4.Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution . 5.Heard the learned counsel for the Petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record. 6.Taking note of the facts and circumstances of the case, the fact that the allegations primarily disclose matrimonial differences, submissions made by the learned counsels on either side, and since custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the Petitioners with certain conditions. 7.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 Judicial Magistrate II, Tambaram, on condition that the Petitioners shall execute a separate 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 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8287 of 2025 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 Petitioners shall report before the respondent police as and when required, for inerrogation. [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 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. 20.03.2025 sai 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.8287 of 2025 SUNDER MOHAN, J. sai To 1.The Judicial Magistrate II, Tambaram 2.The Inspector of Police W-5, All Women Police Station Selaiyur, Chennai 3.The Public Prosecutor, High Court of Madras. Crl.O.P.No.8287 of 2025 20.03.2025 4/4 https://www.mhc.tn.gov.in/judis