High Court · 2025

CRL OP(MD). No.9729 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 16/06/2025PRESENTTHE HONOURABLE MR. JUSTICE P. VADAMALAICRL OP(MD). No.9729 of 2025N.Lokiya,W/o.Sivamani ... Petitioner/A4 VsThe State of Tamil Nadu,Rep. by the Sub Inspector of Police,All Women Police Station,Pattukottai Taluk,Thanjavur District.(Crime No.5 of 2023) ... Respondent/Complainant For Petitioner : Mr.J.Priscilla Pandian,Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9729 of 2025PRAYER :- For Anticipatory Bail in Crime No.5 of 2023 on the file of the Respondent Police.ORDER : The Court made the following order :-The petitioner/A4, who apprehends arrest at the hands of the respondentpolice for the offences punishable under Sections 498(A), 294(b), 323, 506(1) of IPC inCrime No.5 of 2023 on the file of the respondent police, seeks anticipatory bail. 2. The case of the prosecution is that the petitioner/A4 is the sister-in-law ofthe de-facto complainant. The 1st accused and the de-facto complainant are husbandand wife. It is alleged that the 1st accused is a habitual drunkard who used toconsume alcohol daily and torture the de-facto complainant, stating that her parentshad failed to provide the necessary articles and dowry. It is further alleged that thepetitioner/A4 assaulted the de-facto complainant by slapping her on the cheeks,stating that the 1st accused had married her only for her property, and that she wasnothing more than a housemaid. It is also alleged that A1 assaulted the de-factocomplainant with a steel pipe while demanding gold jewellery from her. Hence, thecase.3. The learned counsel for the petitioner submitted that the petitioner isworking as a Deputy Manager at Aavin Department in Padalur Taluk, PerambalurDistrict. She is an innocent person, has no connection with the alleged occurrence,2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9729 of 2025and has been falsely implicated in this case. He further submitted that the petitionerwas previously granted anticipatory bail on 16.10.2024 by the learned PrincipalSessions Judge, Thanjavur in Crl.M.P.No.7235 of 2024. However, as the petitionerfailed to comply with the conditions imposed, the anticipatory bail wasautomatically cancelled. 4. Subsequently, the petitioner filed anticipatory bail application before thisCourt, which was disposed of on 13.11.2024 with an observation that the disputeappears to be matrimonial in nature and that custodial interrogation of thepetitioner may not be necessary. This Court also directed the respondent police tofollow the procedure prescribed under Section 35 of the Bharatiya Nagarik SurakshaSanhita (BNSS), pursuant to which the investigation was completed and a chargesheet was filed in C.C.No.42 of 2025 on the file of the Judicial Magistrate,Pattukottai. 5. The learned Judicial Magistrate, thereafter, issued a Non-Bailable Warrantagainst the petitioner, and the case is now posted for hearing on 16.07.2025. Hefurther submitted that the co-accused have already been granted anticipatory bailand are presently facing trial. The petitioner is willing to abide by any conditionsthat may be imposed by this Court. Hence, he seeks anticipatory bail to thepetitioner.3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9729 of 20256. The learned Government Advocate (Criminal Side) submitted that this is adispute arising out of matrimonial issues, and there is no previous case against thepetitioner. However, he opposed to grant anticipatory bail to the petitioner.7. Considering the facts and circumstances of the case, and also taking note ofthe fact that the investigation in this case has been completed and charge sheet hasbeen filed, and that the co-accused have already been granted anticipatory bail, thisCourt is inclined to grant anticipatory bail to the petitioner, subject to certainconditions.8. Accordingly, the petitioner is ordered to be released on bail in the event ofher arrest or on her appearance, within a period of fifteen days from the date ofreceipt of a copy of this order, before the learned Judicial Magistrate, PattukottaiTaluk, Thanjavur District on condition that the petitioner shall execute a bond for asum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a likesum to the satisfaction of the respondent Police or to the Police Officer, who intendsto arrest or to the satisfaction of the learned Judicial Magistrate, Pattukottai Taluk,Thanjavur District and on further conditions that: (a) the petitioner and the sureties shall affix their photographs and left thumbimpression in the surety bond and the Magistrate may obtain a copy of their Aadharcard or Bank pass Book to ensure their identity;4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9729 of 2025(b)the petitioner shall furnish her residential address and mobile number tothe learned Judicial Magistrate, Pattukottai Taluk, Thanjavur District. In the event ofany change in her residential address, the petitioner shall report the same to thelearned Judicial Magistrate, Pattukottai Taluk, Thanjavur District;(c) the petitioner shall report before the Inspector of Police, Padalur PoliceStation, Perambalur District daily at 10.30 a.m. for a period of fifteen days, except onhearing dates. Further, the petitioner shall appear before the Judicial Magistrate,Pattukottai Taluk, Thanjavur District on hearing dates without fail;(d) the petitioner shall not tamper with evidence or witness either duringinvestigation 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/ TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail bythe learned Magistrate/Trial Court herself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9729 of 2025(g) if the accused thereafter abscond, a fresh FIR can be registered underSection 269 of BNS, 2023. sd/- 16/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mknTO1 THE JUDICIAL MAGISTRATE,PATTUKOTTAI TALUK, THANJAVUR DISTRICT.2 THE CHIEF JUDICIAL MAGISTRATETHANJAVUR DISTRICT AT KUMBAKONAM.3.The Sub Inspector of Police,All Women Police Station,Pattukottai Taluk,Thanjavur District .4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai.Copy toThe Inspector of Police, Padalur Police Station,Perambalur District.+1 CC to M/s.J.PRISCILLA PANDIAN, Advocate ( SR-6376[I] dated 17/06/2025 )6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.9729 of 2025 ORDER IN CRL OP(MD) No.9729 of 2025 Date :16/06/2025 MK/30.06.2025 7P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7