Lavanya M v. State Rep.By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Lavanya M Wife of Anand Kumar, No.3 Dhana Koti Lane old bamboo bazar thimmaiah road BANGALORE - H.K.P ROAD BANGALORE 560 051.
Petitioner(s) Vs State Rep.by The Inspector of Police, Velankanni Police Station, NagapattinamNagapattinam Respondent(s) PRAYER To enlarge the Petitioner on BAIL in the event of their arrest in Crime No.70 of 2025 on the file of the Respondent Police and pass such other orders as this Hon'ble Court may deem fit and proper in the interest of justice. For Petitioner(s):
M/s. S.Ezhil Raj For Respondent(s):
Mr. S. Santhosh, Government Advocate
ORDER
The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 138, 115(2), 118(1) and 351
(3) of the BNSS, 2023 in Crime No.70 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner/A1 had love affair with the defacto complainant's son; that since the petitioner refused to continue the relationship, the defacto complainant's son threatened her; that aggrieved by the same, the other accused had assaulted and threatened the defacto complainant of dire consequences.
3. Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and she has been falsely implicated in this case and that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court, and prayed for anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that the injured has been discharged from the hospital.
5. Considering the nature of the allegations, the fact that the injured has been discharged from the hospital, and since custodial interrogation is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, 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 of receipt of copy of this order, before the learned Judicial Magistrate, Nagapattinam, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of
their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [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 absconds, a fresh FIR can be registered under Section 269 of B.N.S. 05-03-2025 Index:Yes/No AT
To 1.State Rep.by The Inspector of Police, Velankanni Police Station, Nagapattinam Nagapattinam 2.S.Prema W/o.senthil,no.32,goiyyathoppu, Velankanni,nagapattinam District.
SUNDER MOHAN, J.
AT CRL OP No. 6169 of 05-03-2025