Jayachitra v. State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Jayachitra.

... Petitioner/Accused Ranking Not known /versus/ State Rep by its;

The Inspector of Police, Nemili Police Station, Ranipet District.

(Crime No.346 of 2025) ...Complainant/Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on Bail in the event of her arrest in connection with in Crime No.346 of 2025 pending on the file of the respondent police.

For Petitioner :

Mr.D.Dayalan For Respondent :

Mr.S.Udaya Kumar Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for alleged offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 109(1), 351(3) @ 61(2) of BNS, 2023, in Crime No.346 of 2025, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is the wife of the defacto complainant. The defacto complainant was brutally attacked by A1 to A5, causing grievous injury. The confession statement of the arrested person reveals that, on the instigation of this petitioner, A1 to A5 attacked the defacto complainant. It is further stated that this petitioner, who had illicit intimacy with A1, was reprimanded by the defacto complainant and by her husband. When this was informed to A1, A1 to A5 joint together and attacked the defacto complainant.

3. The Learned Counsel appearing for the petitioner states that the petitioner's name is not found in the FIR and her name was included subsequently. Suspecting that she had instigated A1 to A5 to attack her husband. Further, the Learned Counsel for the petitioner states that A1 is none other than the husband of A6's sister. She has been falsely accused of illicit 2/6

intimacy with her sister's husband. The Learned Counsel further submits that the injured discharged from hospital and all other accused who were arrested have been granted bail.

4. Considering the submissions made by the Learned Counsel appearing on either sides and since custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on or before 30.09.2025 before the Learned Judicial Magistrate II, Arakkonam 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 for a likesum to the satisfaction of the learned Magistrate concerned and on further condition that:- [a] If the petitioner fail to surrender before the concerned Court on or before 30.09.2025, this Order shall stand automatically cancelled;

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[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 the identity proofs to ensure their identity; [c] The petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];

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

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To,

1. The Judicial Magistrate II, Arakkonam.

2. The Inspector of Police, Nemili Police Station, Ranipet District. 3.The Public Prosecutor, High Court of Madras. 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.

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Dr.G.JAYACHANDRAN, J.

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