Sarathi v. The State Rep by The Inspector of Police
CRL OP/19440/2026 · 2026-07-22
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 55774 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 55774 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CRL OP No. 19440 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 19440 of 2026
1. Sarathi
2. Valarmathi
3. Madhammal
4. Ezhilarasu ..Petitioner(s) Vs The State Rep by The Inspector of Police All Women Police Station, Palacode, Dharmapuri District. Crime no.20 of 2026. ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, Act, 2023, praying to enlarge the petitioners on bail in the event of their arrest by the Respondent Police concerned in Crime no.20 of 2026 on the file of Inspector of Police, All Women Police Station, Palacode, Dharmapuri District on their appearance before the concern Court. For Petitioner(s):
M/S. SIVARAMAN V For Respondent(s): Mr.N.Palanivel, Govt Advocate (Crl.Side)
ORDER The petitioners apprehends arrest for the alleged offence under Sections 85, 115(2), of BNS, 2023 r/w Section 4 of Dowry Prohibition Act in Crime No. 20 of 2026 on the file of the respondent police seeks anticipatory bail. https://www.mhc.tn.gov.in/judis
CRL OP No. 19440 of 2026 __________ Page2 of 6
2. The case of the prosecution is that 1st petitioner and defacto complainant had love affair and thereafter, consummated marriage on
29.05.2025. It is alleged that the petitioners demanded 5 sovereigns of gold from the defacto complainant and subjected her to dowry harassment. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioners are innocent and they have not committed any offence as alleged by the de facto complainant and they have been falsely implicated in this case. He submits that there is a matrimonial dispute between 1st petitioner and defacto complainant for which, FIR came to be registered. He further submitted that they are ready to abide by any conditions that may be imposed by this Court and ready to co- operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioners subjected the defacto complainant to dowry harassment. He also submits that petitioners have no criminal antecedents. However, he opposed to grant anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis
CRL OP No. 19440 of 2026 __________ Page3 of 6
5. I have given my anxious consideration to either side submissions and perused the materials available on record.
6. Considering the facts and circumstances of the case, from the
submissions made by learned Government Advocate(crl.side), it is seen that the alleged cruelty and dowry harassment had happened on 06.03.2026 and the FIR came to be registered on 02.07.2026. Though there is allegation against the petitioners, considering the fact that the petitioners have no criminal antecedents and the entire issue has erupted due to matrimonial discord between 1st petitioner and the defacto complainant, this Court is of the firm view that the custodial interrogation of the petitioners are not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Palacode, Dharmapuri District on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty https://www.mhc.tn.gov.in/judis
CRL OP No. 19440 of 2026 __________ Page4 of 6 Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560]; (e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 22-07-2026 NR https://www.mhc.tn.gov.in/judis
CRL OP No. 19440 of 2026 __________ Page5 of 6 To:
1.
The Judicial Magistrate, Palacode, Dharmapuri District
2. The Inspector of Police All Women Police Station, Palacode,Dharmapuri District. 3. The Public Prosecutor High Court of Madras https://www.mhc.tn.gov.in/judis
CRL OP No. 19440 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. NR CRL OP No. 19440 of 2026 22-07-2026 https://www.mhc.tn.gov.in/judis