Thiruchelvi Alais Selvi 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 Thiruchelvi @ Selvi ...Petitioners / Accused No.2 Vs The State of Tamilnadu, Represented By, The Inspector of Police, All Women Police Station, Thilagar Thidal Police Station, (Cr.No.11 of 2025) ... Respondent / Complainant For Petitioner : Mr.A.Sheik Nasurdeen For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory bail in Cr.No.11 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /Accused No.2, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 498(A), 406, 494 and 506(i) of IPC, in Cr.No. 11 of 2025 on the file of the respondent police, seeks 1/5

anticipatory bail.

2. The case of the prosecution is that the first accused and the defacto complainant got married on 02.06.2008 and they are blessed with two female children. The first accused has made dowry demand at the defacto complainant. Further, the defacto complainant came to know about the relationship of the first accused and the second accused / petitioner herein and the first accused was living separately with the petitioner herein and they are having a female child. When this was questioned by the defacto complainant, he threatened the defacto complainant with dire consequences. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner is an innocent and she has not committed any offence as alleged by the prosecution. She is ready to co-operate with the investigation and abide by any condition imposed by this Court.

4. Learned Government Advocate (Crl side) on instructions would submit that the first accused got married to the second accused without the knowledge of the defacto complainant and gave birth to an another female child. The first accused has filed a divorce petition in HMOP No.63 of 2025 on the file of the Family Court, Madurai, which is still pending.

5. Considering the nature of the allegations and considering the fact that it is a 2/5

family dispute and considering the admitted fact that the first accused has filed divorce petition, 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 learned Judicial Magistrate No.5, Madurai, 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 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. 3/5

[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 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 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.

PNN TO 1.THE JUDICIAL MAGISTRATE NO.5, MADURAI.

2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THILAGAR THIDAL POLICE STATION, 4/5

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

+1. CC to A. SHEIK NASURDEEN Advocate SR.No.5387(I)DT.08/05/2025

ORDER

IN CRL OP(MD) No.8412 of 2025 Date :08/05/2025 PR/21.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5