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Madras High CourtCRL OP/7133/2025granted

Valli Prakash v. The State, Rep By, The Inspector Of Police

2025-03-14Honourable Mr.Justice Sunder Mohan4 pages

CRL OP NO. 7133 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 7133 of 2025 Valli Prakash W/o.Prakash Narayan, No1, Rajangam Mathya Veethi Vadapalani, ChennaiNo1 Rajangam Mathya Veethi Vadapalani Chennai Petitioner(s) Vs The State, Rep By, The Inspector Of Police No1 Rajangam Mathya Veethi Vadapalani ChennaiR8 Vadapalani Police Station, Vadapalani, Chennai 600 043. (Cr.No. 48 of 2025). Respondent(s) For Petitioner(s):

Mr.C Sivakumar For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 281, 125, 115(2), 118(1) and 351(3) of BNS in Crime No.48 of 2025, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, there was a wordy quarrel arose between the petitioner and the defacto complainant; that thereby, the petitioner

abused, assaulted and threatened the defacto complainant of dire consequences. Hence, this case.

3. Learned counsel appearing for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case; and that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake to appear and to cooperate for the investigation, and prayed for anticipatory bail to the petitioner.

4. Learned Government Advocate (Crl. Side) appearing for the respondent police who is opposing for granting anticipatory bail to the petitioner reiterated the prosecution case and on instruction submitted that the petitioner are arrayed as A2 in this case; that the petitioner have no bad antecedents.

5. Taking note of the facts and circumstances of the case, considering the nature of allegation against the petitioner, submissions made by the learned counsels on either side, the fact that the petitioner has no bad antecedents and since custodial interrogation of the petitioner 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 on which the order copy made ready, before the learned Metropolitan Magistrate, Egmore on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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] 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 abscond, a fresh FIR can be registered under Section of B.N.S.

14-03-2025 msv To The Inspector Of Police No1 Rajangam Mathya Veethi Vadapalani ChennaiR8 Vadapalani Police Station, Vadapalani, Chennai 600 043.