Kalarani v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Kalarani ... Petitioner Vs.
State rep by The Inspector of Police, Perambalur Town Police Station Perambalur District.
(Crime No.137 of 2025) ... Respondent PRAYER: This criminal original petition has been filed under Section 482 of BNSS to enlarge the petitioner on bail in Crime No.137 of 2025 pending investigation on the file of the respondent police. For Petitioner :
M/s.Vijayaragavan Marimuthu For Respondent :
Mr.S.Santhosh Government Advocate (Crl. Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Page No.1 of 6
police for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS 2023 in Crime No.137 of 2025, seeks anticipatory bail.
3. The case of the prosecution is that the defacto complainant is the mother of the petitioner; that the petitioner who is arrayed as A1 had illicit relationship with A2; that when the same was questioned by the defacto complainant and the petitioner's husband, petitioner and A2 abused them in filthy language and attacked the defacto complainant using knife, due to which the defacto complainant sustained simple injuries, admitted in hospital and discharged.
4. The learned counsel appearing for the petitioner submitted that the petitioner's husband also attacked the petitioner and there is a complaint against the petitioner's husband which was registered in Crime No.138 of 2025 and that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner.
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4. The 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 further submitted that there is a counter case registered by the petitioner against the defacto complainant and the petitioner's husband. He further submitted that the injured has been discharged from the hospital.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
7. The above facts would reveal that there is a dispute between the mother and the petitioner/daughter on account of the petitioner's illegal intimacy with the 2nd accused. There is a counter case. Injured person had sustained simple injuries and discharged from the hospital. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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8. 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 is made ready, before the learned Judicial Magistrate, Additional Mahila Court, Perambalur, on condition that the petitioner shall execute a 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.
[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 Page No.4 of 6
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 BNS.
14.03.2025 dpq Copy to:
1. The Inspector of Police, Perambalur Town Police Station Perambalur District.
2.The Judicial Magistrate, Additional Mahila Court, Perambalur,
3. The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
dpq 14.03.2025 Page No.6 of 6