S Santha v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL S. Santha W/o Selvam, No.57, Palanisamy Street, K.K.Pudur, Coimbatore.

..Petitioner/Accused Vs The State Rep By, The Inspector of Police All Women Police Station (Central) Coimbatore City (Crime No.47 of 2025) ..Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on anticipatory bail in the event of arrest in Crime No.47 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.Lakshminarayana A For Respondent(s):

Mr.S.Balaji Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 18.05.2026 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 416, 406, 506(i) of IPC and 296(b) and 351(2) of BNS, in Crime No.47 of 2025, on the file of the respondentpolice.

3. The case of the prosecution is that, the petitioner is the mother of A1. Earlier the petitioner's son was in love with the defacto complainant and subsequently, they separated their relationship due to family circumstances. Thereafter, A1 married another lady and subsequently divorced her and resumed relationship with the defacto complainant as a result of which, the defacto complainant became pregnant and also delivered a baby and when the defacto complainant asked A1 to marry her, he refused the same and threatened her. Insofar as the petitioner is concerned, she also threatened the defacto complainant with dire consequences.

4. Mr.A. Lakshminarayana, the learned counsel for the petitioner, submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. He further submits that A1 has been granted anticipatory bail by this Court vide order dated 31.10.2025 in Crl.O.P.No.29109 of 2025. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. Accordingly, he prays to grant an order

of pre-arrest bail to the petitioner.

5. Per contra, Mr.S.Balaji, the learned Government Advocate (Criminal Side) appearing for the respondent-police reiterates the prosecution case and submits that, the petitioner who is the mother of A1, has also threatened the defacto complainant with dire consequences. He, however submits that A1 has been granted anticipatory bail by this Court.

6. Heard on both sides. This Court has perused the materials available on record.

7. Considering the facts and circumstances of the case, the nature of the alleged offences; and that the petitioner has permanent residence and deep roots in society; there is less possibility of absconding; and further considering that the co-accused/A1 has been granted anticipatory bail by this Court; this Court is inclined to grant pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall be released on pre-arrest bail in the event of her arrest or in the event of her surrender before the learned Additional Mahila Court (Judicial Magistrate Grade), Coimbatore, within a period of 15 days

from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Additional Mahila Court (Judicial Magistrate Grade), Coimbatore.

(ii) 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 Additional Mahila Court (Judicial Magistrate Grade), Coimbatore shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent Police, every Monday and Friday at 10.00 a.m., until further orders; (iv) The petitioner shall make herself available for interrogation by a police officer as and when required.

(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(vi) The petitioner shall not enter into the defacto complainant's house or her work place;

(vii) The petitioner shall also not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence. (viii) The petitioner shall furnish her residential address and mobile number to the learned Additional Mahila Court (Judicial Magistrate Grade), Coimbatore.

(ix) On breach of any of the aforementioned conditions, the learned Additional Mahila Court (Judicial Magistrate Grade), Coimbatore, or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21-05-2026 Index: Yes/No

Speaking/Non-speaking order KSA-2 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 official website of this Court will be watermarked and will also have a QR code.

To

1. The Additional Mahila Court (Judicial Magistrate Grade), Coimbatore

2. The Inspector of Police All Women Police Station (Central) Coimbatore City 3.The Public Prosecutor, High Court, Madras.

R.SAKTHIVEL, J.

KSA-2 21-05-2026