Pradeep And Others vs State Of Tamilnadu And Others

S.Srimathy, J

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85, 296(b), 316(2) of BNS and Section 4 of TNPHW Act, in Crime No.46 of 2025 on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that the first petitioner/A1 is the husband of the defacto complainant and the other petitioners are father, mother and brother of A1. The accused persons demanded additional dowry and abused the defacto complainant and also insisted her to vacate the house and also demanded Rs.15 lakhs as they spent for marriage. Hence the complaint.

Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioners stated that the petitioners are ready to settle the issues before the Mediation Centre. Hence, seeking to list the matter before the Mediation Centre.

Considering the request made by learned counsel for the petitioners, this matter is referred to Mediation and Conciliation Centre, attached to this Court.

The defacto complainant, M.Chithra, is suo motu impleaded in this petition. The learned Government Advocate (Crl.side) is directed to inform the defacto complainant to appear on 26.11.2025 before Mediation Centre attached to this Bench.

Further, the Mediation Centre is directed to issue notice to the first petitioner and the defacto complainant to appear before Mediation on 26.11.2025 and complete the mediation.

Considering the facts and circumstances of the case and also considering the age of the petitioners 2 & 3 and since they are father-in- law, mother-in-law and brother-in-law of the defacto complainant and also considering the nature of offence and relationship between the parties, this Court is inclined to grant interim anticipatory bail to the petitioners 2 to 4 with certain conditions: with certain conditions.

Accordingly, the petitioners 2 to 4 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 Judicial Magistrate, Rajapalayam, Virudhuangar District, on condition that each of the 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 the police officer who intends to arrest or to the satisfaction of the failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) the petitioners 2 to 4 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;

(c) the petitioners 2 to 4 shall report before the respondent police as and when required;

(d) the petitioners 2 to 4 shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 2 to 4 shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 2 to 4 in accordance with law as if the conditions have been imposed and the petitioners 2 to 4 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

(g) if the accused/petitioners 2 to 4 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

Insofar as the first petitioner/A1 is concerned this Court is inclined to grant interim anticipatory bail till 16.12.2025 with the following conditions:-

(i) The first petitioner and the defacto complainant are directed to appear before the Mediation Centre attached to this Court on 26.11.2025;

(ii) the first petitioner shall co-operate for the investigation.

Post the matter on 16.12.2025.