Sasikala v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.02.2025
CORAM:
THE HON`BLE MR.JUSTICE SUNDER MOHAN CRL O.P. No.3130 of 2025 Sasikala, W/o. Murugaiyan
...Petitioner
Vs The State Rep by, The Inspector of Police, S.H.O.Reddichavadi Police Station, Cuddalore.
(Crime No.238/2024)
...Respondent
PRAYER: - The Criminal Original Petition is filed under Section 482 of B.N.S.S., 2023, praying to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.238 of 2024. For Petitioner : Mr.J. Vivekanandan For Respondent : Mr. S. Balaji Government Advocate [Criminal side] Page No.1 of 6
ORDER
The petitioner / Accused, who apprehends arrest in the hands of the respondent police for the offences punishable under Section 194(3) of BNS, subsequently altered into 80 and 85 of BNS, in Crime No.238 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the the petitioner is the motherin-law of the deceased; that the deceased married the son of the petitioner in the year 2023 and it was a love marriage; that the petitioner's son suspecting the character of the deceased,caused cruelty to her, as a result of which the deceased committed suicide by hanging.
3. Learned counsel for the petitioner would submit that the son of the petitioner was arrested and is in custody; that there are no allegations against the petitioner; that even in the suicide note, the deceased has not implicated the petitioner and that in any case, the custodial interrogation of the petitioner is not required.
Page No.2 of 6
4. The learned Government Advocate (Criminal Side), per contra, would submit that the case was registered both against the petitioner's son and the petitioner and also produced the suicide note of the deceased.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent police and perused the materials available on record.
6. On a perusal of the suicide note, this Court finds that the allegation is only against the first accused that he had caused cruelty. Considering the said fact, the submissions made on either side and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner on 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 days from the date of receipt of a copy of this order, before the learned Additional Mahila Page No.3 of 6
Judge, Cuddalore, on condition that 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 learned Magistrate/trial court concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner 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 petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed Page No.4 of 6
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 of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.
07.02.2025 bga To 1.The Additional Mahila Judge, Cuddalore.
2. The Public Prosecutor, High Court, Madras.
3. The Inspector of Police, S.H.O.Reddichavadi Police Station, Cuddalore.
(Crime No.238/2024) Page No.5 of 6
SUNDER MOHAN. J., bga CRL O.P. No.3130 of 2025 07.02.2025 Page No.6 of 6