Anticipatory bail may be granted in matrimonial disputes where custodial interrogation is unnecessary.

ORDER

The petitioners, apprehending arrest for the alleged offences under Sections 296(b), 85 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.12 of 2026 on the file of the respondent police, seek anticipatory bail.

2. The allegation against the petitioners is that the petitioners subjected the defacto complainant to cruelty and harassment. Hence, the case has been registered.

3. The learned counsel for the petitioners would submit that the marriage between the first petitioner and the defacto complainant took place on 27.08.2025. However, immediately after the marriage, the defacto complainant left the matrimonial home and has been living separately. It is the further contention of the learned counsel that the brother and sister-in-law have been falsely implicated in the case. He would also submit that the defacto complainant has, through the police, expressed her willingness to give consent for divorce by mutual agreement. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police strongly opposed the grant of anticipatory bail on the ground that the allegations disclose an offence against a woman and that the defacto complainant has not informed the petitioners through the police about any mutual consent for divorce. Hence, he opposed the grant of anticipatory bail.

5. Considering the factual position, this Court finds that the dispute arises out of a matrimonial discord. In such circumstances, custodial interrogation of the petitioners is not required. Therefore, this Court is inclined to grant anticipatory bail to the petitioners, subject to appropriate conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Ariyalur, Ariyalur District, on condition that the petitioners shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 four 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 petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.