Pavunu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.8811 of 2025 Pavunu W/o. Manickam ....Petitioner Vs The State Rep. by The Inspector of Police, Pachal Police Station, Thiruvannamalai District.

Crime No. 160 of 2024 ....Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest by the respondent police in Crime No.160 of 2024 on the file of the respondent police.

For Petitioner : Mr. K. Muruganandham For Respondent : Mr. S.Balaji Government Advocate (Crl. Side) 1/6

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 337, 304(ii) IPC in Crime No.160 of 2024, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution is that, on account of the negligence of the petitioner and the other accused that they have dumped heap of rice on road covering with a tarpuline, the defacto complainant and his brother met with an accident and sustained grievous injuries. Therefore, an FIR was initially registered for the offence under Section 337 of IPC. Since the defacto complainant succumbed to injuries, FIR was altered and offence under Section 304(ii) IPC was included. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and is not connected with the alleged offence; that the co-accused were arrested and released on bail; and that the petitioner is ready to abide by any stringent condition that may be imposed by this Court, and prayed for grant of anticipatory bail to the petitioner. 2/6

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police reiterated the prosecution case and submitted that the co-accused have been released on bail.

5. Considering the fact that it is a case of accident and that the coaccused had been arrested and released on bail, 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 Judicial Magistrate,Chengam, Tiruvannamalai, on condition that the petitioner 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 learned Magistrate concerned, failing which, the petition 3/6

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 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 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 4/6

can be registered under Section 269 of B.N.S. 26.03.2025 bga 5/6

SUNDER MOHAN, J.

bga To

1. The Judicial Magistrate,Chengam, Tiruvannamalai

2. The Inspector of Police, Pachal Police Station, Thiruvannamalai District.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P. No.8811 of 2025 26.03.2025 6/6