R C Aarthy v. He State Of Tamilnadu Rep. By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2025

CORAM

THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI Crl.O.P.No.14683 of 2025 1.R.C. Aarthy 2.A. Radhakrishnan 3.T. Chandrakumari 4.R.C. Anushiya ... Petitioners Vs.

The State of Tamilnadu rep., by its Inspector of Police, J4 Kotturpuram Police Station, Chennai.

Crime No. 152 of 2025 .... Respondent PRAYER : Criminal Original Petition filed to enlarge the petitioners on bail in the event of their arrest in connection with Cr.No. 152 of 2025 on the file of respondent police.

For Petitioners : Mr. N. Sudharsan For Respondent : Dr. C.E. Pratap Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offence under Section 108 of BNS Act, 2023 in connection with Crime No. 152 of 2025, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner's husband one Ajith had attempted suicide on 28.04.2025 and died on 03.05.2025. Therefore, the father-in-law of the 1st petitioner had given a complaint to the respondent police. Hence, the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. He also submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that now the respondent police has assigned the crime number as Cr.No.152 of 2025.

5. Heard both sides and perused the materials available on record.

6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, 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 XVII Metropolitan Magistrate, Saidapet, Chennai on condition that each of the petitioners shall execute 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 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 petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for further interrogation;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners shall not tamper with evidence or witness 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 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S. 09.05.2025 AT 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 XVII Metropolitan Magistrate, Saidapet, Chennai 2.The Inspector of Police, J4 Kotturpuram Police Station, Chennai.

3. The Public Prosecutor, High Court of Madras, Chennai.

L.VICTORIA GOWRI, J.

AT 09.05.2025