1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 07/04/2022

PRESENT

The Hon`ble Mr.Justice K.MURALI SHANKAR

CRL OP(MD). No.3316 of 2022

1. Marichamy

2. Kanniappan

3. Selvi

4. Chandra

5. Kanniammal

... Petitioners/Accused

Nos.2 to 6

Vs

State rep.by

The Inspector of Police,

K.V.Nallur Police Station,

Tenkasi District.

(Crime No.49/2022).

... Respondent/Complainant

For Petitioners : M/s.Deenadhayalan S, Advocate.

For Respondent : Mr.M.Muthumanikkam,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.49 of 2022 on the file of the

Respondent police.

ORDER : The Court made the following order :-

The petitioners/A2 to A6, who apprehend arrest at the hands of

the respondent police for the offences punishable under Sections

406, 294(b), 376, 147, 448, 341, 352 and 506(ii) IPC r/w Section 4

of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime

No.49 of 2022, seek anticipatory bail.

2.The case of the prosecution is that A1 by giving false

promise to marry the de-facto complainant, has received ¾ sovereigns

of gold from her and thereafter, at the instigation of the

https://hcservices.ecourts.gov.in/hcservices/

2

petitioners, he refused to marry her and also threatened her with

dire consequences. Hence the complaint.

3.It is seen from the records that originally the case was

registered for the offences under Sections 406, 294(b), 323 and 506

(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of

Women Act, 2002 and subsequently, after investigation, the case was

altered into Sections 406, 294(b), 376, 147, 448, 341, 352 and 506

(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of

Women Act, 2002.

4.The learned counsel for the petitioners would submit that the

petitioners are innocents and they have not committed any offence as

alleged by the prosecution.

5.The learned Government Advocate(Crl.Side) would submit that

the main accused/A1 was arrested and he is in judicial custody and

that the petitioners are not having any bad antecedents.

6.Admittedly, the petitioners 1 and 2 are brothers, the

petitioners 3 and 4 are the wives of the petitioners 1 and 2 and the

sixth petitioner is the sister of A1.

7.Considering the nature of the charges levelled against the

petitioners and also the facts that the main accused/A1 was already

arrested and he is in judicial custody and that the petitioners are

not having any bad antecedents, this Court is inclined to grant

anticipatory bail to the petitioners with certain conditions.

8.Accordingly, the petitioners are ordered to be released on bail

in the event of their arrest or their appearance, within a period of

fifteen days from the date of receipt of a copy of this order,

before the learned Judicial Magistrate, Sankarankovil, Tenkasi

District, on condition that the petitioners shall execute a bond for

a sum of Rs.25,000/-(Rupees Twenty Five Thousand only)each 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 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

daily at 10.30 am for a period of one month and thereafter, as and

when required for interrogation.

(c)the petitioners shall not tamper with evidence or witness

either during investigation or trial;

https://hcservices.ecourts.gov.in/hcservices/

3

(d)the petitioners shall not abscond either during

investigation or trial;

(