N.Ramya v. The State Rep By, Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN 1.N.Ramya 2.T.Narayanan 3.Thaiyalnayaki

4. Suganya ...Petitioners/Accused 1 - 4 Vs.

The State rep by Inspector of Police, All Women Police Station - Avadi Avadi District.

(Crime No.15 of 2024)

...Respondent/Complainant

PRAYER : Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.15 of 2024 on the file of the respondent police.

For Petitioners :

Mr.S.Kingston Jerold For Respondent :

Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)

O R D E R

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The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 420 of the IPC in Crime No.15 of 2024, on the file of the respondent police, seek anticipatory bail.

2. It is the case of the prosecution that A1 had suppressed that she had a love affair with another man and married the de-facto complainant; and that the petitioners, two to four, are the parents and sister of the first accused and had suppressed the said fact, and they were guilty of the abetment of Section 420 of the Indian Penal Code.

3. The learned counsel for the petitioners/A1 to A4, would submit that the allegations are false; and that in any case, the custodial interrogation of the petitioners is not required and sought for anticipatory bail.

4. Heard the learned Government Advocate (Crl.Side) for the respondent and perused the material available on record.

5. Considering the nature of the allegations, this Court is of the view 2/5

that the custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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 was made ready, before the learned Judicial Magistrate No.I, Poonamalle, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), each 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 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial; 3/5

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

05.02.2025 dk To 1.The Judicial Magistrate No.I, Poonamalle.

2.The Inspector of Police, All Women Police Station - Avadi, Avadi District.

3.The Public Prosecutor, High Court of Madras.

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SUNDER MOHAN, J.

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