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Madras High CourtCRL OP/7815/2026granted

Subashini Raja v. The State Rep By, The Inspector Of Police

2026-03-27Honourable Mr.Justice C.Kumarappan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Subashini raja D/o.Rishaba Dass 2/131,Kattapoman Street Senur Post,Vellore Tamil Nadu-632006.

..Petitioner(s) Vs The State Rep By, The Inspector of Police Periyathatchur Police Station, Villupuram.

(Cr.No.24 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of BNSS, 2023, to enlarge the Petitioner on anticipatory bail in the event of her arrest in Crime No. 24 of 2026 pending investigation on the file of the respondent police and thus render justice.

For Petitioner(s):

Balaji T For Respondent(s):

Mr.P.Dhileepan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the alleged offence under Section 108 of BNS in Crime No.24 of 2026, on the file of the respondent police seeks anticipatory bail.

2.The case of the prosecution is that the deceased is alleged to have seen the petitioner along with the other accused in a compromising position, and being unable to cope with the said situation, he took the extreme step of committing suicide. It is further alleged that he recorded a video message in this regard. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. He also submitted that the allegation against the petitioner is that she was in an illicit relationship with another person. The occurrence is stated to have taken place on 05.02.2026, and the co-accused were granted bail by this Court on 06.03.2026 in Criminal O.P. No. 5862 of 2026. Hence, he sought anticipatory bail for the petitioner.

4. The learned Government Advocate (Criminal Side), appearing for the respondent police, reiterated the prosecution case and, upon instructions, submitted that the investigation is still pending. Hence, he opposed the grant of anticipatory bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned

counsel on either side and also perused the materials available on record.

6. Considering the above circumstances, and the fact that at this length of time custodial interrogation of the petitioner is not required, and also taking into account that the co-accused have already been enlarged on bail, and that the petitioner is a woman, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on anticipatory 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 made ready, before the learned Judicial Magistrate-II, Tindivanam, on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall sign before the respondent police daily at 10.30 a.m., and 5.30 p.m., until further orders and no relaxation petition will be entertained for a period of sixty days;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

27-03-2026 MPA

To

1. The Judicial Magistrate-II, Tindivanam.

2. The Inspector of Police Periyathatchur Police Station, Villupuram.

(Cr.No.24 of 2026)

3. The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN, J.

MPA 27-03-2026