Saboora v. State, Rep. By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-01-2026

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR

1. Saboora

2. Abdul Rafick @ Rabic

3. Shakeela

4. Siddiq Basha

5. Isiyath Ali @ Haisiyath Ali Petitioner(s) Vs State, rep. by the Inspector of Police, AWPS, Bargur, Krishnagiri District. Crime No.1 of Respondent(s) PRAYER Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.1 of 2026 pending on the file of the respondent.

For Petitioner(s):

Mr.Sakkarapani V For Respondent(s):

Ms.J.R.Archana Government Advocate Crl.side

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 406, 420, 506(1) of IPC, in Crime No.1 of 2026 seek anticipatory bail.

2.The allegation against the petitioners is that the 1st petitioner is the defacto complainant's wife, deserted the family, misappropriated around Rs.45 lakhs and gold jewellery, and is allegedly living with A5, taking advantage of the defacto complainant's absence abroad. Hence, the case. 3.The learned counsel for the petitioners submits that the 1st petitioner initiated matrimonial proceedings against the defacto complainant in 2023 to nullify the marriage, which is pending as OS No.13 of 2023 before the Family Court, Krishnagiri. He further submits that the defacto complainant's IA for return of articles allegedly taken by the 1st petitioner was dismissed by the trial Court. He also submitted that the petitioners are ready to abide by any stringent

conditions that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) for the respondent police reported that the FIR was registered only very recently and investigation in this case is pending. Hence, he opposed for the grant of anticipatory bail to the petitioners.

5.I have also gone through the records and other connected materials and it revealed that in the year 2023 itself, there was a matrimonial dispute between the parties and also considering nature of the allegations levelled in this case, I am of the view that the custodial interrogation of the petitioners is not necessary, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order before the learned the Additional Mahila Court, Krishnagiri, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty 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 learned Magistrate concerned and 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., for a period of two weeks and thereafter as and when required for interrogation; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners shall not abscond 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 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

21-01-2026 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State, rep. by the Inspector of Police, AWPS, Bargur, Krishnagiri District. Crime No.1 of 2.The Additional Mahila Court, Krishnagiri.

3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR J.

gbi 21-01-2026