E Kamala v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN E.Kamala ... Petitioner Vs.

State by Tamil Nadu, The Inspector of Police, Gingee Police Station, ... Respondent (Crime No.619 of 2024) Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail on event of arrest in Crime No.619 of 2024 on the file of the respondent police. For Petitioner : Mr.M.N.Kathir For Respondent : Mr.S.Balaji, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under section 194 (3) of BNSS Act r/w 108 of BNS Act in Crime No.619 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had an illicit Page No.1 of 6

relationship with A1, who was the husband of the deceased; that A1 had caused cruelty to the deceased on account of dowry; that A1, having illegal intimacy with the petitioner, assaulted the deceased; and that the deceased committed suicide. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner has nothing to do with the alleged offence in the FIR; and that even as per the prosecution case the deceased committed suicide because of the alleged harassment of A1; and the petitioner has no communication with the deceased; and that in any case, the custodial interrogation of the petitioner is not required for the purpose of investigation. Hence, he prays for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police per contra submitted the petitioner was in illicit relationship with A1; and on account of the same, A1 caused cruelty to the deceased ; and on account of the same, the deceased got depressed and committed suicide. Hence, he opposed for granting anticipatory bail to the petitioner.

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5. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Admittedly, the petitioner has no direct communication with the deceased and the allegations are mainly against A1; and even if the allegations that the petitioner had illicit relationship with the A1 is accepted to be true, the allegations prima facie would not constitute the offences alleged against the petitioner; and that in any case the custodial interrogation of the petitioner is not required for the purpose of investigation, and is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Gingee, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the Page No.3 of 6

police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that:

[a] 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 petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 Page No.4 of 6

of Kerala reported in [(2005)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S 06.02.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No dpa SUNDER MOHAN, J.

dpa To 1.The Inspector of Police, Gingee Police Station, Page No.5 of 6

2. The Public Prosecutor, Madras High Court, Chennai.

3.The Judicial Magistrate, 06.02.2025 Page No.6 of 6