High Court · 2025

Crl.O.P.No.18059 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.06.2025CORAMTHE HONOURABLE MR JUSTICE M.NIRMAL KUMARCrl.O.P.No.18059 of 20251.Meena2.Satheesh3.Bhuvaneswari ... Petitioners/A1 to A3VsState Rep byThe Inspector of Police/SHO,Ulundurpet Police Station,Kallakurichi District.(Crime No.325 of 2025) ... RespondentPrayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to enlarge the petitioners on bail in the event of their arrest or surrender in Crime No.325 of 2025 pending on the file of the respondent police.For petitioners : Mr.A.J.Mohamed KassimFor Respondent : Mr.V.Meganathan Government Advocate (Criminal Side)1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025ORDERThe petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023 in Crime No.325 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant was threatened and abused with filthy language and attacked by A2/brother of A1. Hence, the case. 3. The learned counsel for petitioners submitted that the first petitioner is the wife, second petitioner is the brother-in-law and third petitioner is the mother-in-law of the de-facto complainant. The contention of the learned counsel for petitioners is that the first petitioner and the de-facto complainant got separated 12 years before and they are living separately. They had two children. Both the children are now with the first petitioner and she is employed in a Textile shop and with her earnings she is bringing up her 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025children. On the date of occurrence, the de-facto complainant came to the shop and abused the first petitioner in front of others, which was questioned by the second petitioner/brother. Thereafter, her brother went away. But it was projected as though all the petitioners went to the house of the de-facto complainant at about 12.30 in the noon with iron rod and Aruvamanai and assaulted the de-facto complainant and inflicted cut injury on his head. He further submitted that admittedly the petitioners and de-facto complainant residing elsewhere. The de-facto complainant not taking care of the children. Further it is the de-facto complainant, who came to the shop, created unpleasant scene by abusing the first petitioner, which was questioned by the second petitioner. At that time there was a push and pull, which has been now projected as though the petitioners have armed with iron and Aruvamanai. Hence, prayed for anticipatory bail to the petitioners.4.The learned Government Advocate (Criminal Side) appearing for the respondent police strongly opposed the petitioners’ contention and 3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025produced the Accident Register copy issued by the Government Hospital, Ulundurpet from which it is seen that the de-facto complainant got admitted on 13.06.2025 at about 1.30 p.m. He took treatment till 24.06.2025 and now he admitted in Koti Bose Hospital, Villupuram and still taking treatment as inpatient. 5.Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record.6. Considering the submissions made on either side and on perusal of the Accident Register copy, it is seen that in the A.R. copy the de-facto complainant gave information that on 13.06.2025 he was assaulted by one person at his house and feeling pain over right leg and head. The injuries are lacerations. Admittedly, in this case, complaint has been given on exaggeration including A1 and A3. From the complaint it is seen that the de-facto complainant went to the Textile shop of A1 and he picked up a quarrel 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025earlier. In view of the same, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Ulundurpet, Kallakurichi District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:[a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled; [b] The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025their identity;[c] the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of three weeks and thereafter as and when required for further interrogation;[d] the petitioners shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;[e] the petitioners shall make themselves available for interrogation by the respondent as and when required;[f] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for Police custody beyond the first fifteen days, they shall comply to the directions as may be given by the Court in this regard;[g] the petitioners shall not abscond either during investigation or trial;[h] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025 [i] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 30.06.2025rsiTo:1.The Inspector of Police/SHO,Ulundurpet Police Station,Kallakurichi District.2.The Judicial Magistrate, Ulundurpet, Kallakurichi District.3.The Public Prosecutor,High Court Madras.7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.18059 of 2025M.NIRMAL KUMAR, J.rsiCrl.O.P.No.18059 of 2025 30.06.20258/8