Sapna v. The State Rep. By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.05.2025
CORAM
THE HON'BLE MR. JUSTICE N.SENTHILKUMAR 1.Sapna 2.Meenakumari ... Petitioners -vsThe State Represented by, The Inspector of Police, G-1 Vepery Police Station, Chennai District.
(Crime No.280 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.280 of 2025 pending investigation on the file of the respondent police. For Petitioners :
Mr.R.Dinesh For Respondent :
Mr.A.Gopinath, Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 296(b), 115(1) of BNS Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in 1/6
Crime No.280 of 2025, seek anticipatory bail.
2. The case of the prosecution is that on 05.05.2025, due to previous enmity regarding the parking of the vehicle, the petitioners have abused the defacto complainant in filthy language and also assaulted the defacto complainant. Hence the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioners have also lodged a complaint against the defacto complainant. He further submits that the petitioners are ready to abide by any stringent condition that may be imposed by this court. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that on the date of the alleged occurrence, due to previous enmity, the petitioners abused and assaulted the defacto complainant. He 2/6
further submitted that it is a case and case in counter. However, he opposed to grant anticipatory bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the arguments from both sides, the nature of the offence and considering the fact that there is a counter case, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
7. Accordingly, this Criminal Original Petition stands allowed and the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned II Metropolitan Magistrate, Egmore Chennai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioners, being ladies shall report before the respondent police as and when required for interrogation. 3/6
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners shall not abscond either during investigation or trial. [d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
21.05.2025 drl "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 the official website of this Court will be watermarked and will also have a QR code." To 1.The Inspector of Police, G-1 Vepery Police Station, 4/6
Chennai District.
2.The Public Prosecutor, High Court, Madras.
3.The II Metropolitan Magistrate, Egmore, Chennai.
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N.SENTHILKUMAR,J drl 21.05.2025 6/6