M.Heena Kouser @ Inab Hasal v. The State Rep. By The Sub-Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-05-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR
1. M.Heena Kouser @ Inab Hasal NH 48 Road, Near Kamaraj Nagar, VTC-Minnur, PO-Minnur, Tirupattur-635837
2. Jabeen, W/o.Mohammed, Both Residing at, NH 48 Road, Near Kamaraj Nagar, VTCMinnur, PO-Minnur, Ambur, Tirupattur-635837 Petitioner(s) Vs
1. The State Rep. by the Sub-Inspector of Police, Ambur Taluk Police Station, Tirupattur District. (Crime No.90 of 2025) Respondent(s)
PRAYER To a) Grant anticipatory bail to the Petitioners in the event of arrest in Crime No. 90/2025 pending on the file of Ambur taluk Police Station and b) Pass such further or other orders as this Honourable Court may deem fit and proper in the interest of justice.
For Petitioner(s):
M/s.V.Krishnamoorthy For Respondent(s):
Mr.R.Vinoth Raja Government Advocate (Crl.Side)
ORDER
The petitioner, apprehends arrest for the alleged offences under Sections 296(b), 115(2), 118(1) and 351 (3) of B.N.S. and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.90 of 2025, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused abused the defacto complainant in filthy language and also assaulted her. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioners are innocent persons and are no way connected with the commission of the alleged offences. However, on instructions, the learned counsel further submits that the petitioners are ready and willing to abide by any conditions that may be imposed by this Court and hence, he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the victim has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5. Heard both sides and perused the materials available on record.
6. Taking note of the facts and circumstances of the case, nature of allegations, submissions made by the learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Ambur, on condition that each of 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 and on further condition that: [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 petitioners shall report before the respondent Police as and when required for further interrogation; [c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners shall not tamper with evidence or witness 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 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 of B.N.S.
16.05.2025 ASI To 1.The Sub-Inspector of Police, Ambur Taluk Police Station, Tirupattur District.
2. The Judicial Magistrate, Ambur.
3. The Public Prosecutor, High Court of Madras, Chennai.
M.NIRMAL KUMAR J.
asi 16-05-2025