Pavalakodi v. The State Represented By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN

1. Pavalakodi, F/A.55 years, W/o. Balakrishnan, No.67, New Street, Sanjeeviraman Koil, Edamanal, Nagapattinam District.

2. Rayappan, M/A.54 Years, S/o. Angamuthu, No.407, Vadakku Veli, Thalainayar Post, Nagapattinam District.

.. Petitioners/Accused No.2 & 3 /versus/ The State Represented by Inspector of Police, AIl Women Police Station, Sirkazhi, Mayiladuthurai District.

(Crime No.22 of 2025) .. Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.22 of 2025 on the file of respondent police.

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For Petitioners :Mr.S.Yogarajasekar For Respondent :Mr.S.Udaya Kumar Government Advocate (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 318 (2), 318(4), 69, 131, 351(2) of B.N.S, 2023, in Crime No.22 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The prosecution is that the complaint given by one Aishwarya alleges that A-1, on the promise of marriage, had physical relation with the victim and later refused and threatened her. A case was registered against three accused. The petitioners, A-2 (mother) and A-3 (uncle of A-1), have no role in the alleged affair and are falsely implicated only due to their relationship with A-1.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

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4. The Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioners.

5. Heard the Learned Counsels and perused the materials available on record.

6. Considering the submissions made by the Learned Counsel appearing on either sides and since custodial interrogation of the petitioners are not required, 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 their arrest or on their appearance, on or before 28.08.2025 before the learned Judicial Magistrate Court, Sirkazhi, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, each for a likesum 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 3/6

which, the petition for anticipatory bail shall stand dismissed and on further condition:

(a)If the petitioners fail to surrender before the concerned Magistrate on or before 28.08.2025, this Order shall stand automatically cancelled;

(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 as and when required for interrogation;

(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];

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(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

14.08.2025 bsm 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 Court, Sirkazhi.

2.The Inspector of Police, AIl Women Police Station, Sirkazhi, Mayiladuthurai District.

3.The Public Prosecutor, High Court of Madras. 5/6

Dr.G.JAYACHANDRAN, J.

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