S.Jayapriya v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN S.Jayapriya ... Petitioner/Accused No.2 Vs.

The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

Crime No.355 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioner/accused No.2 in the event of arrest in crime number 355 of 2025 pending on the file of the respondent police. For Petitioner :

Mr.Krishnasamy chinnasamy For Respondent :

Mr.S.Udayakumar Government Advocate (Criminal Side) For Intervenor :

Mr.C.Jayavel **********

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(4), 308, 64, 351(3) of Bharatiya Nyaya Sanhita, 2023, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that, based on a complaint lodged by one Kamali, it is alleged that the petitioner, in support of her husband (A1), has been subjecting the de-facto complainant to sexual harassment. It is further stated that the husband of the petitioner had forcible sexual intercourse with the de-facto complainant since 2023. The contents of the complaint indicate that the de-facto complainant and the petitioner's husband were working in the Education Department, where the petitioner herself is employed as a Teacher. The de-facto complainant has also alleged that she was subjected to sexual intercourse by A1 under intimidation, and since she has now been transferred, she has preferred the present complaint. Hence, the case has been registered.

3. The learned counsel appearing for the petitioner states that the petitioner is an innocent person and he has been falsely implicated in this case and hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police while opposing for granting anticipatory bail to the petitioner, reiterated the prosecution case. .

5. Heard the learned counsels on either side and perused the materials available on record.

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6.Considering the nature of the complaint, 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 his appearance before the learned Mahila Court, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each within a period of 10 days from the date of receipt of a copy of this order for a like sum 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 Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].

Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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

25.08.2025 nvi To

1. The Mahila Court, Cuddalore.

2. The Inspector of Police, Cuddalore NT Police Station, Cuddalore District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

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