Sahaya Vithya v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2026 PRESENT The HONOURABLE MR. JUSTICE S. SRIMATHY Sahaya Vithya ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.

Cr.No.1 of 2026.

... Respondent/Complainant For Petitioner : Mr.Niranjan S. Kumar, Advocate.

For Respondent : Mr.S.S. Manoj Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Cr.No.1 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 194(3) (iii) 1/6

BNSS, 2023 @ 108 of BNS, 2023 in Crime No.1 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the deceased husband was having an extramarital relationship, and when the same was questioned by the deceased, a wordy quarrel arose between them, following which the deceased committed suicide. Hence, the complaint.

3. The learned Government Advocate (Crl. side) submits that, at the instigation of the petitioner herein, the husband of the deceased started harassing the deceased and abetted the commission of suicide.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police.

5. Considering the facts and circumstances of the case and also the fact that, as per the direction of this Court, the petitioner has cooperated with the investigation, this Court is inclined to grant anticipatory bail to 2/6

the petitioner, subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagercoil, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; (b) the petitioner shall appear before the respondent Police as and when required for interrogation;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during 3/6

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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 04.02.2026 TRP TO 4/6

1. The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.

2. Judicial Magistrate No.II, Nagercoil

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

S.SRIMATHY, J., TRP

ORDER

IN CRL OP(MD) No.340 of 2026 Date : 04/02/2026 6/6