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Madras High CourtCRL OP/8991/2026granted

Prabhavathi v. State Rep. By The Inspector Of Police,

2026-04-09Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

1. Prabhavathi W/o.Late.Kalappan, No.26, Big Street, Thempalli, Katpadi Taluk, Vellore District.

Petitioner(s) Vs

1. State Rep. By The Inspector of Police, District Crime Branch, Vellore, Vellore District.

(Crime No.2/2026) Respondent(s) Prayer:- Criminal Original Petition filed under Section 482 of BNSS 2023, praying to enlarge the petitioner on bail in the event of her arrest in Crime No.2/2026 pending investigation on the file of the respondent. For Petitioner(s):

Mr.E.Kannadasan For Respondent(s):

Mr.P.Dhileepan Govt.Advocate (Crl. Side) ****** 1/5

ORDER

The petitioner apprehends arrest for the alleged offence under Sections 336(2), 336(3), 340(2), 318(4) of BNS, 2023 in Crime No.2 of 2026 on the file of the respondent police seeks anticipatory bail. 2.The learned counsel for the petitioner would submit that the occurrence took place in the year 2025 and the allegation against this petitioner is that the petitioner, along with other co-accused fabricated and sold the de facto complainant's property. He would further submit that co-accused has already released on bail.

3.While looking into the factual position, FIR was registered on 23.01.2026 for the occurrence took place on 30.06.2025 and the age of the petitioner is 71 years. Apart from that co-accused already released on bail by this Court on 16.03.2026 in Crl.OP.No.6667 of 2026. 4.Taking into consideration the totality of circumstances and upon the fact that the petitioner is a woman and the further fact that at this length of time, no custodial interrogation is required, this Court is inclined to grant anticipatory 2/5

bail to the petitioner, subject to certain conditions.

5. 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, Katpadi on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty 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 as and when required for interrogation; (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 3/5

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.

6.This Criminal Original Petition is ordered accordingly. 09-04-2026 kmi To 1.The Judicial Magistrate, Katpadi.

2.The Inspector of Police, District Crime Branch, Vellore, Vellore District. 3.The Public Prosecutor, High Court of Madras. 4/5

C.KUMARAPPAN J.

kmi CRL OP No.8991 of 2026 09-04-2026 5/5