K.Swarnalatha v. State Rep. By Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.32502 of 2025 K.Swarnalatha ... Petitioner Vs.

State Rep. by Inspector of Police, Tambaram GRP Police Station, Tambaram.

... Respondent (Crime No.676 of 2025) PRAYER : Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in Crime No.676 of 2025 on the file of the respondent police.

For Petitioner : Mr.P.A.Manikandan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

O R D E R

The petitioner, who was apprehending arrest at the hands of the respondent police for the offences punishable under Sections 194 of BNSS, 2023 altered to 108 of BNS, 2023 in Crime No.676 of 2025, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner, who was serving as Senior Deputy Manager (HRD), along with the other accused, harassed the deceased employee. It is further alleged that they rejected his leave, marked him absent, and initiated disciplinary proceedings. Unable to bear the alleged harassment, the employee committed suicide by jumping in front of a running train. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner, being an HR official, had only performed her official duties, which are mandatory in nature. It was further submitted that such acts cannot be construed as abetment of suicide. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police, reiterated the prosecution case and submitted that an FIR was registered only recently; that investigation in this case is still pending and, accordingly, he opposed the grant of anticipatory bail to the petitioner. 2/6

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

6. Considering the nature of the allegation and the fact that the deceased is alleged to have committed suicide on account of non-grant of leave, this Court is of the view that custodial interrogation of the petitioner is not necessary in this case. Accordingly, 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 her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Chengalpet, 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 like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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[b] the sureties shall affix her 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 trial Court on all working day at 10.30.a.m., for a period of one week and thereafter as and when required for interrogation;

[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. 27.11.2025 kmm 4/6

To

1. The Judicial Magistrate No.I, Chengalpet.

2. The Inspector of Police, Tambaram GRP Police Station, Tambaram.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR.J., kmm Crl.O.P.No.32502 of 2025 27.11.2025 6/6