Madras High CourtCRL OP(MD)/13239/2025allowed

Sivaranjani v. The State Of Tamilnadu

2025-08-07Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Sivaranjani, W/o.Ganeshbabu : Petitioner/A1 Vs The State of Tamilnadu rep.by the Inspector of Police, Pattukkottai Town Police Station, Thanjavur District.

(Crime No.311 of 2025) .. Respondent/Complainant For Petitioner : Dr.R.Alagumani, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.311 of 2025 on the file of the Respondent Police. ORDER: This Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 12.05.2025 for the offences punishable under Section 194(3)(iv) BNSS, 2023 @ 1/5

Sections 103(1) and 61(2) BNS, 2023 in Crime No.311 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and one Ganeshbabu were husband and wife. The petitioner had extra martial affairs with the brother of the said Ganeshbabu and the same was found by him. Due to which, the petitioner along with the other accused had murdered the said Ganeshbabu by crushing his neck with rope. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person, she has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide any conditions that may be imposed by this Court. He further submitted that the co-accused/A2 has already released on bail by this Court in Crl.O.P(MD)No.11165 of 2025, dated 14.07.2025. The petitioner is in custody from 12.05.2025. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) submitted that there are totally two accused in this case. The petitioner/A1 is the wife of the deceased and 2/5

A2 is the brother of the deceased. A1 and A2 had planned to murder the deceased. Accordingly, on 19.05.2025, both A1 and A2 strangled the deceased by hanging him with a rope, resulting in his death. He further submitted that the investigation has already been completed and charge sheet has been filed and the case was taken on file in P.R.C.No.67 of 2025 on the file of the learned Judicial Magistrate, Pattukkottai. The petitioner is not having any previous case. However, he opposed to grant bail. 5.Taking into consideration of the facts and circumstances of the case and also considering the fact that the investigation has already been completed and the charge sheet has been filed and the case was taken on file in P.R.C.No.

67 of 2025 on the file of the learned Judicial Magistrate, Pattukkottai and the co-accused/A2 has been released on bail by this Court in Crl.OP(MD)No.11165 of 2025 and also taking note of the fact that the petitioner/A1 is in judicial custody from 12.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.

Pattukkottai, Thanjavur District 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 learned Judicial Magistrate, Pattukkottai, Thanjavur District. If the petitioner changes her residential address, he shall report the same to the learned Judicial Magistrate, Pattukkottai, Thanjavur District; [c] the petitioner shall appear and sign before the respondent police daily twice at 10.30 a.m., and 05.30 pm, except on hearing dates. On hearing dates, the petitioner shall appear before the concerned Court until further order. [d] the petitioner shall not abscond either during investigation or trial. [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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 4/5

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

sd/- 07/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO 1.THE JUDICIAL MAGISTRATE, PATTUKOTTAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, TRICHY.

4.THE INSPECTOR OF POLICE, PATTUKKOTTAI TOWN POLICE STATON, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.13239 of 2025 Date :07/08/2025 SBN/07.08.2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5