Mrs.Devi v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-10-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.19335 of 2025 1.Devi 2.Deepika.K 3.Selvam Petitioners Vs The State Represented by The Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai.

Crime No.22 of 2025. Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of their arrest in Crime No.22 of 2025 on the file of the respondent police.

For Petitioner(s):

Mr.S.Subramaniya For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl.side)

ORDER

The petitioners, who apprehend arrest by the respondent police for the offences punishable under Sections 316(2), 318(4), 318(2), 3(5) of BNS, in Crime No.22 of 2025 seek anticipatory bail. 2.When the matter was taken up for hearing, the learned counsel for the petitioner submitted that the allegation is related to non performance of marriage. He further submitted that the parties had entered into negotiation and subsequently executed a memorandum of understanding.

3. Considering the submission made by the learned counsel for the petitioner, and the fact that since the memorandum of understanding along with the Mediation report has been placed before this Court, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

4. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order

before the learned XVIII Metropolitan Magistrate, Saidapet, Chennai on condition that the petitioners shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand Only), each 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 petitioners shall report before the respondent police as and when required for interrogation;

(c) the petitioners shall not tamper with evidence or witness either during investigation or trial; (d) the petitioners shall not abscond 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25-10-2025 drl To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, W-33, All Women Police Station, Virugambakkam, Chennai.

3.The Public Prosecutor High Court of Madras.

K.RAJASEKAR, J., drl

CRL OP NO.19335 of 2025 25.10.2025