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Madras High CourtCRL OP/11924/2025granted

A.Mookayee v. The State Rep. By The Inspector Of Police,

2025-04-22Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-04-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP No. 11924 of 2025 A.Mookayee Petitioner(s) Vs The State Represented by, The Inspector of Police, W-1 AWPS Thousand Light Police Station, Chennai.

(Crime No.01 of 2025) Respondent(s) For Petitioner(s) : Mr.A.Vivek Ram For Respondent(s) : Mr.S.Balaji, Government Advocate (Criminal Side) PRAYER To enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent in Crime No.01 of 2025 on the file of the Respondent.

ORDER

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 498(A), 506(ii), 120(b) of IPC in Crime No.01 of 2025, on the file of the respondent Police, seeks anticipatory bail. 1 / 4

2. The case of the prosecution is that the defacto complainant and the first accused got married in the year 2007; that thereafter there was a matrimonial differences between them; that the first accused had taken away the jewels of the defacto complainant; that the petitioner had an illicit relationship with the first accused and thus committed the aforesaid offence.

3. Learned counsel appearing for the petitioner submitted that the first accused has been arrested; that the petitioner had nothing to do with the alleged offence said to have been committed by the first accused; and that in any case, the custodial interrogation of the petitioner is not required and sought for anticipatory bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioners, reiterated the prosecution case and confirms the fact that the petitioner had relationship with the first accused; that the first accused was arrested and released on bail.

5. Heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent police and perused the materials available on record.

2 / 4

6. Considering the nature of allegations against the petitioner and considering the aforesaid facts and since the custodial interrogation of the petitioner is not required for the purpose of investigation, 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 on which the order copy made ready, before the learned Additional Mahila Court, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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, failing which, the petition for anticipatory bail shall stand dismissed and 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 report before the respondent Police as and when required for interrogation; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial; 3 / 4

SUNDER MOHAN J.

drl [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.

drl 22-04-2025 To

1. The Inspector of Police, W-1 AWPS Thousand Light Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras. CRL OP No. 11924 of 2025 4 / 4