Subathra Alias Subadhra v. The State Rep.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Subathra @ Subadhra ... Petitioner Vs.

The State Rep. By, The Inspector of Police, Perambalur Police Station.

Crime No.48 of 2026 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.48 of 2026 on the file of the respondent police.

For Petitioner :

Mr.Vinothkumar A For Respondent :

Ms.J.R.Archana Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner herein apprehends arrest at the hands of the respondent police for the offences punishable under Sections 105 of BNS in Crime No.48 of 2026, seeks anticipatory bail.

2. The allegation against the petitioner is that the petitioner is the owner of the petrol bank and she engaged A2 to do certain civil work and while digging the pit, land collapsed and one employee died and three employees sustained injuries and hence the complaint has been registered.

3. The learned counsel for the petitioner submitted that the petitioner is the owner of the petrol bank and residing in Chennai, she has engaged the contractors and she is not responsible for the occurrence. The petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that investigation is pending. Hence, he opposed for grant of anticipatory bail to the petitioner. 2/5

5. Considering the fact that the petitioner is a lady and she is the owner of property and she has engaged the contractors and it is alleged that due to the negligence of the contractors, the occurrence had taken place, hence this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned Principal District Magistrate, Perambalur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that:

[a] if the petitioner fails to surrender before the concerned Magistrate within a period of ten days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a 3/5

copy of any one of the identity proofs to ensure their identity;

[c] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of one week and thereafter as and when required for interrogation;

[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.02.2026 sma To

1. Principal District Magistrate, Perambalur. 2.The Inspector of Police, Perambalur Police Station.

3.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

sma 16.02.2026 5/5