K.Santhini v. The State Represented By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.11778 of 2025 1.Santhini 2.K.Dhanavandhan ... Petitioners

Versus

The State Rep by, The Station House Officer, Orleanpet Police Station, Puducherry.

Crime No.86 of 2025.

... Respondent Prayer: Criminal Original Petition filed under Section 482 of BNSS Act, to enlarge the petitioner on bail in the event of their arrest in Crime No.86 of 2025 on the file of the respondent police. For petitioner : Mr.K.Sasindran For Respondent : Mr.K.S.Mohandoss Additional Public Prosecutor (Puducherry) Assisted by M/s.N.Danalatchumy

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 329(4), 296(b), 115(2), 351(3) and 3(5) of BNS, in Crime No.86 of 2025, on the file of 1/4

the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the first petitioner had a close relationship with the defacto complainant's brother; that when the defacto complainant questioned the relationship, the petitioner along with other accused trespassed into the house of the defacto complainant, abused him, and attacked him, causing minor injuries. Hence, the case. 3.Learned counsel appearing for the petitioners submitted that the allegations are false; that the petitioners have been falsely implicated in this case; that the petitioners had also lodged a complaint against the de facto complainant, and in any case, the custodial interrogation of the petitioners are not required and sought anticipatory bail to the petitioners.

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 on instructions submitted that that it is a case and a case in counter and that the petitioners have no bad antecedents.

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

6. Taking note of the facts and circumstances of the case, 2/4

nature of allegations, submissions made by the learned counsel on either side, the fact that there is a counter case, the petitioners have no bad antecedents and since, custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Puducherry on condition that the petitioners shall execute a separate 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 concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners 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 first petitioner, being a lady, shall 3/4

SUNDER MOHAN, J.

drl appear before the respondent police as and when required for interrogation; and the second petitioner shall appear before the respondent police daily at 10.30 a.m, until further orders;

[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 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.

22.04.2025 drl To

1. The Station House Officer, Orleanpet Police Station, Puducherry.

2. The Public Prosecutor, Puducherry. Crl.O.P.No.11778 of 2025 4/4