Sakunthala v. State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Sakunthala
...Petitioner/1st accused
Vs.
State rep by The Inspector of Police, Malliyakarai Police Station, Attur, Salem District.
(Crime No.19 of 2025) ...
Respondent PRAYER: This criminal original petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in the event of her arrest in Crime No.19 of 2025 on the file of the respondent police. For Petitioner :
Mr.K.Govi Ganesan For Respondent :
Mr.S.Santhosh, Government Advocate (Crl. Side)
ORDER
This Criminal Original Petition has been filed by the petitioner, who apprehends arrest at the hands of the respondent, seeking anticipatory bail in Crime No.19 of 2025 registered for the offence under Sections 296(b), Page No.1 of 5
126(2), 115(2), 281, 125(a) & 351(3) @ to 296(b), 126(2), 115(2), 118(1) and 109 BNS, 2023.
2.It is the case of the prosecution that due to previous enmity, the petitioner along with the other accused had waylaid the defacato complainant and his mother, while they were riding the motor cycle, abused them in filthy language and assaulted them and caused injuries. Hence, the case.
3. The learned counsel for the petitioner submitted that the allegations are false; that the petitioner has no bad antecedents and that the injured has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police, reiterated the case of the prosecution and submitted that the petitioner has no bad antecedents and the injured was discharged from the hospital.
Page No.2 of 5
5. Considering the nature of allegations and the fact that the injured has been discharged from the hospital; that the petitioner has no bad antecedents and that the custodial interrogation of the petitioner is not required for the purposes 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 No.II, Attur on condition that the petitioners shall execute a 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 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;
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[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness 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 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];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
11.03.2025 rkp Copy to:
1.The Inspector of Police, Malliyakarai Police Station, Attur, Salem District.
2.The Judicial Magistrate No.II, Attur.
3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
rkp Crl.O.P.No.6876 of 2025 11.03.2025 Page No.5 of 5