Muthulakshmi v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR 1.Muthulakshmi 2.Sankar 3.Jamuna ... Petitioners -vsThe State Represented by, The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

(Crime No.13 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.13 of 2025 on the file of the respondent police. For Petitioners :

Mr.T.Elumalai For Respondent :

Mr.A.Gopinath, Government Advocate (Crl.Side) 1/8

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ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 80, 85 of BNS Act, 2023, in Crime No.13 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that on 31.03.2025 the first informant had received a phone call from Ranjitha of Kandampakkam village and informed her that due to wordy quarrel with regard to infertility between the deceased and A1/husband in this case, she tried to commit suicide by hanging in her bedroom as a result of which, she had been hospitalized at Mundiyampakkam Government Hospital. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there is some wordy quarrel between the deceased and 1st accused / husband, which resulted in death. However, he vehemently opposed 2/8

to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Additional Mahila Court at Villupuram, on condition that the petitioners 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 concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a) if the petitioners fails to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; (b) the sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c) the 1st and 2nd petitioners shall report before the learned Additional Mahila Court at Villupuram, every Monday to Friday at 10.30 3/8

a.m and thereafter report before the respondent every Saturday and Sunday at 10.30 a.m until further orders and 3rd petitioner report before the respondent police as and when required;

(d) the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall make himself available for interrogation by a Police office as and when required;

(f) the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

(g) the petitioners shall not abscond either during investigation or trial; (h) 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 petitioners 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]; (i) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

21.05.2025 rna 4/8

"Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code." To 1.The learned Additional Mahila Court at Villupuram.

2.The Inspector of Police, Villupuram Taluk Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

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N.SENTHILKUMAR,J rna 21.05.2025 6/8

M. NIRMAL KUMAR, J.

This matter is posted today under the caption 'For being mentioned' at the instance of the learned counsel for the petitioner.

2. When the matter is taken up for hearing, the learned counsel for the petitioner brought it to the notice of the Court that in the order, the crime number has been wrongly mentioned as Crime No.13 of 2025 instead of Crime No.233 of 2025.

3. In view of the same, necessary corrections to be carried out in the order as follows:- i) In the cause title, the "Crime No.13 of 2025" shall be replaced with "Crime No.233 of 2025".

ii) In the prayer, the "Crime No.13 of 2025" shall be replaced with "Crime No.233 of 2025".

iii) In the first paragraph of the order, the "Crime No.13 of 2025" shall be replaced with "Crime No.233 of 2025".

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M. NIRMAL KUMAR, J.

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4. Registry is directed to issue fresh order copy by incorporating the above said changes.

18.06.2025 nr 8/8