Kavitha v. State Of Tamilnadu Rep By Inspector Of Police, Kanyakumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :05.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Kavitha

2. Anusha ... Petitioners/Accused Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Kanniyakumari Police Station, Kanniyakumari.

(Crime No.485 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.Balakrishnan Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.485 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 194 of BNS and subsequently altered into Sections 108, 133, 115(2), 296(b) of BNS and Section 4 B(1) of TNPHW, in Crime No.485 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant has two daughters studying in the 11th standard and 9th standard. The petitioners are also living near the house of the defacto complainant. The petitioners are the daughters of second accused. On 17.12.2025, the second accused picked the two daughters of the defacto complainant from school in his rickshaw and dropped them at their house. Due to which, the first accused abused them in filthy language and the other accused assaulted the defacto complainant with hands and slippers in front of other people. As a result, the defacto complainant's elder daughter committed suicide by hanging. Hence, the complaint. 2/6

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that coaccused had already been granted bail by this Court in Crl.OP(MD).No. 1709 of 2026 dated 320.01.2026. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are no previous case pending against the petitioner and the invesitigation is still pending. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that there are no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

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6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition that each of 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.I, Nagercoil, within a period of fifteen days from the date on which, the order copy was made ready and on further conditions that:

[a]the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioners shall not abscond either during 4/6

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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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) 05.02.2026 msrm To 1.The learned Judicial Magistrate No.I, Nagercoil.

2.The Inspector of Police, Kanniyakumari Police Station, Kanniyakumri.

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

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S.SRIMATHY,J msrm

ORDER

IN CRL OP(MD) No.2228 of 2026 05.02.2026 6/6