Nithya Kaman v. The State of Tamil Nadu Rep by the Inspector of Police

ORDER The petitioner / Accused No.2, who apprehend arrest in the hands of the respondent police for the offences punishable under Sections 376, 406, 323, 506(i) of IPC and Sections 296(b), 115(2) of BNS, 2023 in connection with Cr.No.56 of 2025, seek anticipatory bail.

¶2The case of the prosecution is that the first accused, who is the husband of A2/petitioner alleged to have developed a relationship with the defacto complainant by suppressing the fact that he was already married to the petitioner and had sexual contact forcibly with the defacto complainant without her consent and he captured obscene photographs and videos, which he subsequently used to threaten and blackmail her. Hence, the complaint.

¶3The learned counsel appearing for the petitioner submits that the petitioner is an innocent woman and she has been falsely implicated in the case. The petitioner has not committed any such offence as alleged by the prosecution. He further submits that the petitioner is ready to abide by any stringent conditions imposed by this Court. Therefore, he prays for grant of anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent submits that the the petitioner/A2 is the wife of the prime accused A1, who has been secured and in custody. He would further submit that the accused A1 got acquittance with the defacto complainant in a hospital where the defacto complainant was working as Lab technician. The allegation against the present petitioner is that she abused the defacto complainant. Hence, he opposed for grant of anticipatory bail to the petitioner.

¶5Heard the learned counsel for the petitioner as well the learned Government Advocate (Crl.Side) and perused the materials available on record.

¶6Considering the nature of offence and the allegation against the present petitioner is only that she scolded the defacto complainant and since the prime accused A1 has already been secured and now in judicial custody, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Coimbatore District, on condition that the petitioner shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent on every Saturday at 10.30 a.m. for a period of four weeks. [b] the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; [c] the petitioner shall not leave India without the previous permission of the Court; [d] the petitioner shall not abscond either during investigation or trial. [e] 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.2023.

30.12.2025 dn Index:Yes/No Note :

¶1Registry is directed to forthwith upload this order in the official website of this Court.

¶2All concerned shall act on this order being uploaded in the official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

1.The State of Tamil Nadu Rep by The Inspector of Police AWPS Police Station, Coimbatore Central, Coimbatore District.

¶2Additional Mahila Court, Coimbatore District P.DHANABAL ,J. dn

30-12-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL 1. Nithya Kaman, 30/37, Sathiyavanimuthu Street, Near Elida Church, Rathinapuri,Coimbatore North Petitioner(s) Vs 1. The State of Tamil Nadu, Rep by The Inspector of Police AWPS Police Station, Coimbatore Central, Coimbatore District. Crime No. 56 of 2025 Respondent(s) PRAYER This petition has been filed to enlarge the petitioner on Anticipatory bail in the event of her arrest by the respondent police in Crime No. 56 of 2025 on the file of the Inspector of Police, AWPS Police Station, Coimbatore Central, Coimbatore District. For Petitioner(s): Veera Santhi S P.Pandian For Respondent(s): S.Udaya Kumar, GA(Crl.side)