Navija (A2) v. The State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Navija 2.Roja ... Petitioners Vs.

State represented by, The Inspector of Police, Villupuram West Police Station, Villupuram District Crime No. 348 of 2024 ... Respondent PRAYER : Criminal Original Petition has been filed under Section 482 of BNSS to enlarge the petitioners on bail in the event of their arrest in Crime No.348 of 2024 pending investigation on the file of the respondent police(Villupuram West Police Station, Villupuram District) For Petitioners : Mr.S.Magesh Kumar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Criminal Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent Police for the offences punishable under Section 85 of BNS, 2023( 498A of IPC) @ Section 108 of BNS, 2023(306 of IPC) in Crime No. 348 of 2024 on the file of the respondent police, seeks anticipatory Page No.1 of 5

bail.

2. The case of the prosecution is that on 21.08.2024, a wordy quarrel arose between the deceased and the husband of the deceased/A1 in connection to his illicit relationship with 1st petitioner/A2. Due to which, the deceased poured kerosene and set herself ablaze. Subsequently, she got admitted in the hospital and later, she died on 26. 08.2024. Hence the case.

3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the petitioners are ready to abide any conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that A1/husband of the deceased had illicit relationship with A2/1st petitioner and due to which, the deceased set fire herself and later died on 26.08.2024. The 2nd petitioner is the mother of A2. Hence,he opposed for grant of anticipatory bail to the petitioners. Page No.2 of 5

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Considering the facts and circumstances of the case, nature of allegations, submissions made by the learned counsel appearing on either sides, taking note of the fact that A1, husband of the deceased, only abetted the deceased to commit suicide, 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 learned Sessions Judge, Additional Mahila Court, Villupuram, on condition that the petitioners shall execute a 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:

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[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 1st petitioner shall report before the respondent Police everyday at 10.30.a.m., for a period of two weeks and thereafter, as and when required for interrogation and the 2nd petitioner shall report before the respondent Police as and when required for interrogation.

[c] the petitioners shall not abscond during during investigation or trial;s [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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

14.07.2025 nr Page No.4 of 5

G.K.ILANTHIRAIYAN , J.

nr To

1. The Sessions Judge, Additional Mahila Court, Villupuram. The Inspector of Police, Villupuram West Police Station, Villupuram District

3. The Public Prosecutor, High Court, Madras.

14.07.2025.

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