Rajalakshmi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Rajalakshmi Petitioner/A1 Vs The State of Tamilnadu, Rep. by the Inspector of Police, City Crime Branch, Madurai City.

Crime No.4/2025.

... Respondent/Complainant For Petitioner : Mr. S.Poornachandran, Advocate For Respondent : Mr.R.Meenkashi Sundaram, Additional Public Prosecutor For Intervenor : Mr. K.Guhan PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 4 of 2025 on the file of the Respondent - Police.

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ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 29.01.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.

2. The petitioner / A1 apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 61(2), 315, 318(4), 322, 336(2), 336(3) and 340(2) of BNS, 2023 in Crime No.4 of 2025 on the file of the respondent-police.

3. The case of the prosecution is that in the year, 2005, the complainant conferred as IAS and presently working at Gujarat. In the year 2010, the complainant married one Surya from Madurai and they have two children. Since 2013 his wife doing textile and beauty Parlour business, for which, the complainant funded money to her through his Bank account. In such circumstances, his wife developed friendship with the petitioner and one High Court Maharaja and they have received more money form his wife. On 29.01.2024, his wife transferred some property to the petitioner through registered sale deed. In order to embezzle money from his wife, they accused persons did a drama as if the petitioner son was kidnapped and in the said case, defacto complainant's wife also arrayed as accused. In such circumstances, the defacto complainant's wife committed suicide at Gujarat. Based on the suicide note the defacto complainant has given a complaint. 2/6

4. Mr.S.Poornachandran, the learned counsel for the petitioner, submits that the petitioner is an innocent person, and she has not committed any offence as alleged by the prosecution, and she has been falsely implicated in this case. He however submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner.

5. Per Contra, Mr. K.Guhan, the learned counsel for the intervenor, submits that if pre-arrest bail is granted to the petitioner, she will cause threat to the life of the defacto complainant and also her family members. Hence, he opposes to grant prearrest bail to the petitioner.

6. Per contra, M.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that investigation of the case is still pending and therefore, at this stage, if pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses. Accordingly, he prays to dismiss this Criminal Original Petition.

7. Heard on both sides. This Court has perused the records.

8. This Court has perused the CD file as well as the averments made in the First Information Report. Considering the same, and also considering the facts and circumstances of this case, this Court is of the view that the custodial interrogation of the petitioner may not necessary. Hence, this Court is inclined to grant an order of 3/6

pre-arrest bail to the petitioner subject to the following conditions. (i) The petitioner shall be released on pre-arrest bail in the event of his arrest or in the event of his surrender before the learned Judicial Magistrate No.I, Madurai, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judicial Magistrate No.I, Madurai. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate No.I, Madurai shall obtain a copy of any one of identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the respondent - Police daily at 10.00 am until further orders.

(iv) The petitioner shall make herself available for interrogation by a police officer as and when required.

(v) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 4/6

(vi) The petitioner shall not leave India without the previous permission of the Court.

(vii) The petitioner shall not directly or indirectly cause any threat to the defacto complainant and the witnesses and shall also not tamper with the evidence. (viii) The petitioner should not enter into the house of the defacto complainant or his work place.

(ix) The petitioner shall furnish her residential address and mobile number to the learned learned Judicial Magistrate No.I, Madurai. (x) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.I, Madurai, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

9. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

sd/- 25/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S.I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TRP TO 1.THE JUDICIAL MAGISTRATE NO.I, MADURAI,

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, CITY CRIME BRANCH, MADURAI CITY.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.K.GUHAN Advocate SR.No.3464(I) DT.26.03.2025 ORDER IN CRL OP(MD) No.2055 of 2025 Date :25/03/2025 PP//SAR-(23.04.2025) 6P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6