Nandhini Jepamalar @ Nandhini v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27.06.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Nandhini Jepamalar @ Nandhini ... Petitioner/ Accused No.2 Vs The State of Tamil Nadu rep. by The Inspector of Police, Kadayam Police Station, Tenkasi.

(Crime No.181 of 2025) ... Respondent/Complainant For Petitioner : Mrs.S.Prabha, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

PRAYER :- For Bail in Crime No.181 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicial 1/5

custody on 26.04.2025 for the offences punishable under Sections 332(a), 103(1), 296 (b) and 351(3) BNS, 2023 in Crime No.181 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Amose and the petitioner are husband and wife, that the petitioner had illicit relationship with the first accused, who is also a married man and is having two children and that after coming to know about the same, the said Amose warned the petitioner, due to which, at the instigation of the petitioner, the first accused had murdered the said Amose by using aruval. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is no way connected with the case, a false case has been lodged as against the petitioner. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. She would further submit that the petitioner is in custody from 26.04.2025 nearly 62 days and the petitioner's 11⁄2 years old child is with the petitioner in prison. Hence, she seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that at the instigation of the petitioner, the first accused murdered the petitioner's husband and that the first accused is still in judicial 2/5

custody. This petitioner is not having any previous cases. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the overt act against the petitioner and also taking note of the fact that the petitioner remanded into judicial custody on 26.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 Judicial Magistrate, Tenkasi and on further conditions that :- [a] 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 contact number to the Judicial Magistrate, Tenkasi. If the petitioner changes her residential address, she shall report the same to the Judicial Magistrate, Tenkasi; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders;

[d] the petitioner shall not abscond either during investigation or trial; 3/5

[e] the petitioner shall not tamper with evidence or witness 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 himself 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 absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 27/06/2025 / TRUE COPY / 27/06/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TENKASI DISTRICT.

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3. THE SUPERINTENDENT, CENTRAL JAIL FOR WOMEN, MADURAI.

4. THE INSPECTOR OF POLICE, KADAYAM POLICE STATION, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10395 of 2025 Date :27/06/2025 PR/27.06 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5