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2025 DAILYLAW 5056 (MAD)

PRATHAP v. The State of Tamil Nadu

CRL OP(MD)/17733/2025 · 2026-03-06

K K Ramakrishnan

Transfer Petitionbody2025

Judgment text

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CRL OP(MD). No.17733 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.17733 of 2025 1.Prathap 2.Ramamoorthy 3.Latha 4.Abirami ... Petitioners / A1 to A4 Versus 1.The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Nilakkottai, Dindigul District. (Crime No.9 of 2025) ... 1st Respondent / Complainant 2.Gokila ... 2nd Respondent / Defacto Complainant (R2 is suo motu impleaded vide order dated 14.10.2025 in Crl.OP(MD).No. 17733 of 2025) PRAYER :-Criminal Original Petition filed under Section 482 of the BNSS, 2023, to enlarge the petitioners on bail in the event of arrest in Crime No.9 of 2025 on the file of the respondent police or on their appearance. 1/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 For Petitioners : Mr.J.Devasenan For R1 : Mr.M.Karunanithi, Government Advocate (Criminal Side) For R2 : Mr.S.Muniyandi For Advocate Commissioner : M/s.K.Srinidhipriya ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 323 and 506(i) IPC in Crime No.9 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the petitioners are alleged to have demanded additional dowry from the defacto complainant and subjected her to mental harassment and cruelty. Owing to such harassment, the defacto complainant left the matrimonial home on 04.11.2024. It is further alleged that the petitioners demanded an additional dowry of 100 sovereigns of gold and a sum of Rs.30 lakhs for securing a job for the first petitioner. Hence, the above case has been 2/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 registered for the aforesaid offences. 3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He further submitted that this Court, by order dated 14.10.2025, granted anticipatory bail to petitioners 2 to 4 and interim anticipatory bail to the first petitioner, with a direction to appear before the Mediation Centre and to hand over the jewels to the defacto complainant. The learned counsel further submitted that there is a dispute with regard to 16 sovereigns of gold jewels, which, according to the petitioners, belong to the grandmother of the first petitioner. In such circumstances, this Court, by order dated 19.01.2026, directed the petitioners to hand over 16 sovereigns of gold jewels, and the matter was adjourned. He further submitted that the first petitioner approached the Hon’ble Supreme Court in S.L.P. No.3630 of 2026, and the Hon’ble Supreme Court dismissed the said petition, while directing this Court to consider and decide the said issue along with the merits of the case. He further submitted that the first petitioner has already filed H.M.O.P., and that the present complaint has been filed by the defacto complainant only in order to succumb to pressure. Hence, he prayed for the grant of 3/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the investigation is still pending. However, he opposed the grant of anticipatory bail to the petitioners. 5. The learned counsel appearing for the defacto complainant submitted that the petitioners have not handed over the entire jewels and that certain jewels are still in the custody of the petitioners. He further submitted that the petitioners have additionally demanded dowry. Hence, he objected to the grant of anticipatory bail to the first petitioner. 6. This Court heard the learned counsel on either side and perused the materials placed on record. 7. Taking into consideration the facts and circumstances of the case, and also considering the fact that the first petitioner has already filed H.M.O.P. proceedings and also submission of petitioner that the present complaint appears to have been lodged as a counterblast to the said proceedings, and further considering the submission of the Advocate 4/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 Commissioner that 57 sovereigns of gold jewels have been handed over to the defacto complainant, this Court is of the opinion that custodial interrogation of the first petitioner is not necessary. Hence, this Court is inclined to make absolute the interim anticipatory bail already granted to the first petitioner, subject to certain conditions. 8. Accordingly, this petition is allowed and the first petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order made ready, before the learned Judicial Magistrate Court, Nilakkottai, on condition that the first 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the first 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; 5/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 (b) the first petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders; (c) the first petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the first 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 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]; and (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. 06.03.2026 pal To 1.The Judicial Magistrate Court, Nilakkottai, Dindigul. 2.The Inspector of Police, 6/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 All Women Police Station, Nilakkottai, Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 7/8 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.17733 of 2025 K.K.RAMAKRISHNAN ,J. pal ORDER IN CRL OP(MD) No.17733 of 2025 Date : 06.03.2026 8/8 https://www.mhc.tn.gov.in/judis