A.Sudha v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN A.Sudha ... Petitioner Vs State of TamilNadu rep. by The Inspector of Police, All Women Police STation, Lalgudi, Trichy District.

... Respondent For Petitioner : Mr.T.J.Ebenezer Charles For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.4 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/ Accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 313 IPC & Section 5(1), 6(1) of POCSO Act in Cr.No.4 of 2025 on the file of the respondent police, seeks anticipatory bail.

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2.The case of the prosecution is that the victim is the daughter of the petitioner. The 1st accused sexually assaulted the victim and after two months, the victim got pregnant. Knowing that, the accused 2 and 3 gave abortion pills to the victim, which led to miscarriage to the victim. Hence the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner did not involve in any of the offences as alleged by the prosecution. The petitioner is an innocent and she is falsely implicated in this case. The petitioner is ready to abide by any conditions to be imposed by this Court. He, therefore, prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that Accused No.1 surrendered and subsequently, was enlarged on bail and the Accused No.2 was also got anticipatory bail before this Court.

5. Considering the fact that the petitioner is arrayed as Accused No.3, the other accused in this case have enlarged on bail and they were released, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Mahila Court, Trichy on 2/4

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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during 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 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]. 3/4

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

YUVA TO 1.THE MAHILA COURT, TRICHY.

2.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, LALGUDI, TRICHY DISTRICT.

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

+1. CC to M/S T.J.EBENEZER CHARLES Advocate SR.No.5413(I)DT.09/05/2025 ORDERIN CRL OP(MD) No.2916 of 2025 Date :08/05/2025 PR/21.05 .2025 4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4