M.Sivagami v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN M.Sivagami ..Petitioner(s) Vs The Inspector of Police Thimmampettai Police Station, Thirupathur.

(Crime No.114 of 2025) ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 BNSS, pleased to enlarge the Petitioner on bail in the event of their arrest in Crime No. 114 of 2025 on the file of respondent police and thus render justice. For Petitioner(s):

Mr.Venkateswaran Kanniappan For Respondent(s):

Mr.P.Dhileepan Government Advocate (Criminal side)

ORDER

The petitioner apprehends arrest for the alleged offence under Sections Sections 296 (b), 115 (2), 118 (1) and 351 (3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.114 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is arrayed as the second accused. The petitioner and the defacto-complainant are relatives. It is alleged that in the wordy quarrel between the petitioner and the defacto-

complainant, the first accused attacked the defacto-complainant, due to which she sustained simple injury. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and she has been falsely implicated in this case. He further submitted that she is ready to abide by any stringent condition that may be imposed by this Court and ready to co-operate for investigation. Hence, he prays to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that a verbal altercation arose between the petitioner and the defacto-complainant over a land dispute. As a result, the defacto-complainant sustained a minor injury and was subsequently discharged from the hospital. Hence, he opposed the grant of anticipatory bail to the petitioner.

5.According to the prosecution, no overt act was attributed to this petitioner and even according to the prosecution she was involved only in a wordy quarrel. Therefore, considering the nature of the allegations and the specific role played by this petitioner and the fact that the petitioner is a woman, this Court is of the firm view that custodial interrogation is unnecessary. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to 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 (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Vaniyambadi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioner fails to surrender before the concerned learned Magistrate within a period of fifteen (15) 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 copy of any one of identify proofs to ensure their identity;

(c) The petitioner shall report before the respondent police daily at 10.30 am and 5.30 pm. for a period of one week and thereafter as and when required;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

23-03-2026 ep

To 1.The Judicial Magistrate, Vaniyambadi.

2.The Inspector of Police Thimmampettai Police Station, Thirupathur.

3.The Public Prosecutor High Court of Madras.

C.KUMARAPPAN, J.

ep 23-03-2026