Jeyarajakani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.07.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Jeyarajakani ... Petitioner/ Accused Vs The State rep. by The Inspector of Police, Uvari Police Station, Tirunelveli District.

(Crime No.104 of 2025) ... Respondent/ Complainant For Petitioner : Mr.B.Arun, Advocate.

For Respondent : Mr.S.Prakash, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Section 482 B.N.S.S. 1/6

PRAYER :- For Anticipatory Bail in Crime No.104 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 85, 303(2), 79 and 351

(2) BNS, 2023 in Crime No.104 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first accused is the husband and the petitioner is the mother-in-law of the defacto complainant. From the date of marriage itself, the first accused and the petitioner have been demanding money from the defacto complainant and have been harassing her. Furthermore, the first accused has availed various loans in the name of the defacto complainant and has failed to repay the said loans and caused cruelty and the first accused had extra martial affairs with the third accused. 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. He would further submit that the petitioner is no way connected with the case, a false case has been lodged as against the petitioner and that the petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner. 2/6

4. The learned Government Advocate (Criminal Side) appearing for the respondent would submit that there are totally 3 accused, the petitioner arrayed as A2, that the accused had harassed the defacto complainant and that the first accused had illegal affairs with the third accused. He would further submit that the first accused was released on bail by this Court in Crl.O.P.(MD)No.9688 of 2025 vide order dated 10.06.2025 and that the third accused was granted anticipatory bail by the Principal Sessions Court, Tirunelveli, in Crl.M.P.No.2434 of 2025 vide order dated 11.06.2025. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and also considering the fact that the first accused was released on bail and the third accused was granted anticipatory bail and taking note of the limited overt act against the petitioner, 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 anticipatory 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 Judicial Magistrate, Radhapuram 3/6

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

(c) the petitioner shall report before the respondent police weekly once i.e., on every Monday 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 4/6

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 abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 09/07/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate, Radhapuram.

2. Do through the Chief Judicial Magistrate, Tirunelveli District.

3. The Inspector of Police, Uvari Police Station, Tirunelveli District.

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

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+1 CC to M/s.B.ARUN, Advocate ( SR-7422[I] dated 11/07/2025 )

ORDER

IN CRL OP(MD) No.11615 of 2025 Date :09/07/2025 PS/SAR.30.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6