Anbukkarasi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.05.2025
CORAM
THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI CRL OP.No.14344 of 2025 Anbukkarasi ... Petitioner / Accused 2 Vs State rep. by The Inspector of Police, Attur Police Station, Salem District.
(Crime No.140 of 2025) ... Respondent PRAYER: - The Criminal Original Petition is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, (BNSS) 2023, praying to enlarge the petitioner on bail in Crime No.140 of 2025 on the file of the respondent police.
For Petitioner : Mr.T.Ganesan For Respondent : M/s.J.R.Archana Government Advocate (Criminal Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 21.04.2025, for the offences punishable under Sections 296(b), 115(2) 1/6
and 109 of BNS, 2023 and Section 3 of TNPPDL Act, in Crime No.140 of 2025, on the file of the respondent, seeks bail. 2.The case of the prosecution is that there was a dispute between the defacto complainant and the petitioner in respect of parking of cars, due to which, the petitioner along with the other accused abused the defacto complainant in filthy language, threatened him of dire consequences and assaulted him and caused damage to the car. Hence, the case.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and she has been falsely implicated in this case. He would further submit that the injured has been discharged from the hospital. He would further submit that the petitioner is in custody from 21.04.2025. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
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4.Per contra, the learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the injured was discharged from the hospital.
5.Heard both side learned counsel and perused the materials available on record.
6.Considering the nature of allegations, the period of incarceration, the fact that the injured has been discharged from the hospital, and since further custody of the petitioner is not required for the purpose of investigation, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
7.Accordingly, the petitioner is ordered to be released on bail on her executing 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 Judicial Magistrate No.I, Attur, and on further conditions that: 3/6
[a] 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 daily at 10.30 a.m., for a period of three months and thereafter, as and when required for investigation.
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[f] 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.
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Note :
1.Registry is directed to forthwith upload this order in the official website of this Court.
2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code.
To 1.The Judicial Magistrate No.I, Attur.
2.The Inspector of Police, Attur Police Station, Salem District.
3.Sub Jail for Women, Salem.
4.The Public Prosecutor, High Court, Madras.
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L.VICTORIA GOWRI , J.
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