Kiruthika v. State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN AND CRL MP NO. 4478 OF 2025 KIRUTHIKA W/o. VeerakrishnaVadivelMurugan, 3/181, Mettubavi, kinathukkadavu, Mettubavi PO, Coimbatore - 641202.

Petitioner(s) Vs State Rep. by Inspector of police, Negamam Police Station, (Cr. No. 337/2023) Respondent(s) Veerakrishnan Vadivel Murugan S/o. T Hirumalaisamy Gounder, Residing At Door No.3/1, East Thottam, Mettu Vaavi Village, Kinathukadavu Taluk, Coimbatore - 641 202.

Appellant(s) Vs

KIRUTHIKA W/o. Veerakrishnan Vadivel Murugan, 3/181, Mettubavi, Kinathukkadavu, Meetubavi Post, Coimbatore - 641 202.

Respondent(s) PRAYER to enlarge the Petitioner on Anticipatory bail in the event of her arrest in Crime No. 337 of 2023 pending investigation on the file of the respondent police. PRAYER To permit the petitioner / victim to intervene in the above Crl.O.P.No.5577 of 2025 and pass such other further orders.

For Petitioner(s):

M/s.Balaji T For Respondent(s):

Mr. S. Santhosh, Government Advocate

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 149, 109, 120(B), 449, 307 of IPC in Crime No. 337 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that, the petitioner who was originally the defacto complainant in Crime No. 337 of 2023 in which she had stated that

she and her husband were attacked by A1 to A4 on account prior enmity. It is the further case of the prosecution that, during the course of investigation, it was found that the petitioner had instigated the other accused to attack the petitioner's husband and accordingly, she was also made an accused.

3. Learned counsel for the petitioner submits that the allegations are false; she has nothing to do with the other accused; in any case, considering the fact that the alleged occurrence took place on 25.12.2023 and the final report has been filed, custodial interrogation is not required and sought for anticipatory bail for the petitioner.

4. Learned counsel for the husband / victim submitted that the petitioner had a illicit relationship with A1 and submitted that custodial interrogation is necessary.

5. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner,

reiterated the prosecution case and on instructions submitted that final report has already been filed.

6. Considering the nature of allegation, the fact that the final report has already been filed and since custodial interrogation of the petitioner is not required, this Court 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 days from the date of receipt of copy of this order, before the learned Judicial Magistrate-II, Pollachi, on condition that the petitioner shall execute 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 said Magistrate, on further condition 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.

[b] the petitioner shall appear before the trial Court until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d]the petitioner 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 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 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. 10-03-2025 AT Index:Yes/No Speaking/Non-speaking order Internet:Yes

SUNDER MOHAN, J.

AT To 1.State Rep. by Inspector of police, Negamam Police Station, (Cr. No. 337/2023) To 1.KIRUTHIKA W/o. Veerakrishnan Vadivel Murugan, 3/181, Mettubavi, Kinathukkadavu, Meetubavi Post, Coimbatore - 641 202.

2.State Rep.By, The Inspector Of Police, Negamam Police Station, Coimbatore District.

Crl. O.P. No. 5577 of 2025 10.03.2025