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Madras High CourtCRL OP(MD)/9798/2025allowed

Niranchana v. The State Of Tamilnadu

2025-06-12Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Niranchana, D/o.Ganesan ... Petitioner/A1 Vs The State of Tamil Nadu, Rep. by the Sub Inspector of Police, Gudalur South Police Station, Gudalur, Theni District.

(Crime No.11 of 2025) ... Respondent/Complainant For Petitioner :

Mr.B.Thangamani, Advocate For Respondent :

Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.11 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent 1/5

police for the offences punishable under Sections 49 and 232(1) of BNS, 2023 in Crime No.11 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there is already a case pending between the petitioner's husband/A2 and the de-facto complainant. On 11.12.2024, when the de-facto complainant gave her deposition against the petitioner's husband, the petitioner asked her to withdraw the said case. When the de-facto complainant refused to do so, the petitioner, along with A2, is said to have morphed her photo with the photo of an unknown male and uploaded the same on Instagram, and also sent it to her WhatsApp number. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and is no way connected with the alleged occurrence as stated by the prosecution, and has been falsely implicated in this case. In fact, there is no marital relationship between the petitioner and A2. He further submitted that the 2nd accused was arrested and released on bail on 14.03.2025 by this Court in Crl.O.P. (MD)No.4808 of 2025. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused persons in this case and the petitioner has been arrayed as A1. There is no previous case against the petitioner. A2 was arrested and released on bail on 14.03.2025 by this Court. However, he opposed to grant anticipatory bail to 2/5

the petitioner.

5. Considering the facts and circumstances of the case, and taking into account of the fact that the co-accused has been arrested and subsequently released on bail, and also considering the fact that there is no previous case against the petitioner and also considering the fact that as the date of occurrence is 11.12.2024, by this time most of the investigation would likely have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Uthamapalayam on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of learned Judicial Magistrate, Uthamapalayam 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 Aadhar card or Bank pass Book to ensure their identity; (b) the petitioner shall furnish her residential address and mobile number to 3/5

the learned Judicial Magistrate, Uthamapalayam. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate, Uthamapalayam;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner shall not abscond either during investigation or trial; (f) 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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 12/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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mkn TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, GUDALUR SOUTH POLICE STATION, GUDALUR THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.9798 of 2025 Date :12/06/2025 NBF/19.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5