Sumuthra @ Sumathira v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2025
CORAM
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN 1.Sumuthra @ Sumathira(F/44)(Rank-2) S/o Kalaiarasan 4/40, North Street, Vettikadu, Paruthikottai, Thiruvarur 614 013.
2.Kalaiyarasan(M/55)(Rank-3) S/o Pichaimuthu 4/40,North Street, Vettikadu, Paruthikottai, Thiruvarur 614 013.
3.Anbumani(M/55)(Rank-4) S/o Seeman, 1, Colony Street, Karakottam, Serumangalam, Thiruvarur 614 014.
4.Steephan Doss (M/34)(Rank-5) S/o Kannaiyan 3/83, South Street, Keezhakuruchi, Thanjavur 614 015.
..Petitioners/Accused No.2,3,4,5 /versus/ State Rep.by Inspector of Police All Women's Police Station, Mannargudi, Thiruvarur District.
(Cr.No.13 of 2025) ..Respondent 1/6
Prayer:
Criminal Original Petition has been filed under Section 482 of BNSS/438 of Cr.P.C, to enlarge the petitioners on bail in the event of arrest in connection with the Crime No.13 of 2025 on the file of the respondent police.
For Petitioners :Mr.K.Pragadeesh Kumar For Respondent :Mr.S.Vinoth Kumar,GA(Crl.Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police, for the alleged offences punishable under Sections 270, 420, 498(A) of Indian Penal Code, 1860, in Crime No.13 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners herein are the accused 2 to 5. They are related to the first accused. The complaint is given by the wife of the first accused alleging that these petitioners knowing fully well that the first accused is infected with HIV and suppressed the fact, made him marry the defacto complainant. Later, she has also infected with HIV.
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3.Considering the fact that the petitioners arranged the marriage of the defacto complainant per se will not attribute to the persons knowledge about the decease of the first accused. In any event, it is the matter for investigation. The custodial interrogation of the petitioners is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners.
4. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, on or before 04.09.2025 before the learned Judicial Magistrate No.I, Mannargudi, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the learned Magistrate concerned and on further conditions:
(a)If the petitioners fail to surrender before the concerned Magistrate on or before 04.09.2025, this order shall stand automatically cancelled;
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(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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
(d)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions 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 v. State of Kerala [(2005) AIR SCW 5560];
(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
21.08.2025 ari 4/6
To 1.The Judicial Magistrate No.I, Mannargudi.
2.The Inspector of Police, All Women's Police Station, Mannargudi, Thiruvarur District.
3.The Public Prosecutor, High Court, Madras.
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DR.G.JAYACHANDRAN,J.
ari 21.08.2025 6/6