Sathya Soundarya v. The State Of Tamil Nadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Sathya Soundarya

...Petitioner

Vs State of Tamil Nadu rep. by

1. The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District

2. Thennarasu

...Respondents

For Petitioner : Mr.Yasar Arafath For R-1 : Mr.P.Vetrivel Government Advocate (Crl. Side) For R-2 : No appearance PETITION FOR CANCELLATION OF BAIL Under Sec.483(2) r/w.528 of BNSS PRAYER :- Petition filed under Sec.483(2)r/w.528 of BNSS to set aside and cancel the order against the respondent /A2 granted by the Vacation 1/6

Sessions Judge, Fast Track Mahila Court, Ramanathapuram in Cr.M.P.No. 39 of 2025 dated 15.05.2025.

ORDER : The Court made the following order :- This Petition has been filed to set aside and cancel the order against the respondent /A2 granted by the Vacation Sessions Judge, Fast Track Mahila Court, Ramanathapuram in Cr.M.P.No. 39 of 2025 dated 15.05.2025.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the defacto complainant in this case and based on the complaint given by her a case has been registered in Crime No.3 of 2025 for the offence under Section 69 of BNS. While pending investigation the second respondent herein approached the vacation Court for grant of bail and the Sessions Court has granted bail through an order dated 15.05.2025, thereafter the petitioner approached the Court for cancellation of bail , at that time the second respondent filed an undertaking affidavit to marry the petitioner and thereafter marriage was solemnized on 24.07.2025 and recording the same the said cancellation petition was dismissed by the Sessions Court. Immediately after dismissal of cancellation of bail petition the petitioner without complying the condition mentioned in the affidavit neglected the petitioner and abandoned and only to get bail from the Court 2/6

he formerly married the petitioner and thereafter he failed to fulfil the promise made in the affidavit. In the meantime he also filed petition to quash the First Information Report in Crl. O.P(MD) No.14259 of 2025 and the same is pending. Therefore for the breach of condition of the undertaking affidavit the bail already granted to the petitioner is liable to be cancelled.

3. There is no representation on behalf of the second respondent.

4. The learned Government Advocate(Crl.Side) would submit that the second respondent was granted bail and thereafter cancellation of bail was filed by the petitioner and the same was dismissed. Now once again filed this petition and prayed to pass appropriate orders.

5. Heard both sides and perused the materials available on record.

6. Based on the complaint lodged by the petitioner a case has been registered in Crime No.3 of 2025 for the offence under Section 69 of BNS and thereafter the second respondent approached the Sessions Court for grant of bail in Crl.M.P.No.39 of 2025 and the Sessions Court also granted 3/6

bail through order dater 15.05.2025 and thereafter the petitioner filed petition for cancellation of bail and the same was dismissed by the Sessions Court in Crl.M.P.No.1484 of 2025 since the marriage between the petitioner and the second respondent was solemnized on 24.07.2025. Thereafter the petitioner filed the present petition on 06.10.2025 alleging that the second respondent breached the terms and conditions in the undertaking affidavit. The Sessions Court granted bail on merits through an order dated 15.05.2025 by considering the facts and circumstances of the case and also considering the period of incarceration and also the fact that investigation was completed and also undertaking the affidavit filed by the petitioner through prison authorities.

7. This Court also perused the undertaking affidavit. The petitioner also filed petition to cancel the bail granted to the accused and the same was dismissed on merits since the marriage was solemnized between the parties. Now due to mis understanding between the parties they were separated and therefore the petitioner has to take appropriate steps in accordance with law before the appropriate forum and there are no grounds to cancel the bail granted by the Sessions Court and thereby the petition has no merits and deserves to be dismissed.

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8.Accordingly the Criminal Original Petition stands dismissed. (P D B J) 10.06.2026 aav To 1.The Sessions Court, Fast Track Mahila Court, Ramanathapuram 2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J aav

ORDER

IN CRL OP(MD) No. 17326 of 2025 Date : 10.06.2026 6/6