Karthiga v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-05-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR KARTHIGA D/o.Perumal, No.1/72, Salai Kullathirampatti, Mangarai, Peyalmari, Dharmapuri.

Petitioner(s) Vs THE STATE REPRESENTED BY The Inspector of police Pennagaram police station, Dharmapuri District. Crime No.39 of 2025 Respondent(s) PRAYER to grant Anticipatory bail to the petitioner herein in the event of their arrest or surrender in Crime Number. 39 of 2025 on the file of the Respondent Police Station For Petitioner(s):

M Jaisingh A.Karthtck G. Kawtnselvakumar

For Respondent(s):

Mr.R.Vinothraja Government Advocate (crl.side)

ORDER

The petitioner, apprehend arrest for the alleged offences under Sections 191(2), 296(b) of BNS (147, 294 IPC) and Sec.4 of TNPHW Act r/w 67A IT Act, in Crime No.39 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner/accused and her brother have abused the de-facto complainant in filthy language and the coaccused has sexually approached the complainant and shared the contact number of the complainant in friends group. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the defacto complainant lodged a complaint alleging that the petitioner and his brother had sent some nude photos to the de-facto complainant's mobile phone and threatening that the same will be circulated in social media and forcing her to sent nude photos. He further submitted that the petitioner is an innocent person and they have not committed any such offence as alleged by the prosecution.

However, on instructions, the learned counsel further submits that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the de-facto complainant's husband attempted to have an illegal relationship with the petitioner and the same was questioned by the petitioner's brother, for which there was a wordy quarrel arose between both parties. Hence, he opposed for grant of anticipatory bail to the petitioner.

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 and the petitioner is a woman, this Court is inclined to grant anticipatory bail to the petitioner with 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 (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pennagaram, Dharmapuri, on condition that the petitioner 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 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 petitioner shall report before the respondent Police as and when required for further interrogation; [c] the petitioner is directed to hand over the mobile phone which is alleged to have been used for sending the nude photographs to the de-facto complainant;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

16.05.2025 uma 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 Judicial Magistrate, Pennagaram, Dharmapuri

2. The Inspector of Police Pennagaram Police Station Dharmapuri

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

uma Crl.O.P.No.14987 of 2025 16.05.2025