Mageswari v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-05-2026

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.No.11897 of 2026 Mageswari ..Petitioner Vs State Rep. By The Inspector of Police Avadi Tank Factory Police Station, Tiruvallur District.

Crime No.119 of 2026 ..Respondent PRAYER : Criminal Original Petition has been filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.119 of 2026 pending before the respondent police.

For Petitioner:

Mr.A.Anbharasu For Respondent:

Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

ORDER

Petition seeking bail in respect of Crime No.119 of 2026 registered for the alleged offences punishable under Sections103(2) of BNS,2023, is on board for consideration.

2. The case of the prosecution is that the deceased was the husband of the petitioner. On the day of the incident, the deceased, in an intoxicated state, entered into a quarrel with the petitioner and attempted to assault their children. In response, the petitioner allegedly strangulated the deceased with a cable wire, causing him to lose consciousness; he was subsequently found dead. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is innocent person and she has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, she is suffering incarceration from 12.03.2026. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police, while opposing for grant of bail to the petitioner, reiterated the prosecution case.

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 and the

period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit to the credit of the Adyar Cancer Institute (Union Bank, Name: Cancer Institute (WIA), Account No: 149710011005477, IFSC Code: UBIN0814971), Chennai and on such payment, 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 Court, Ambattur, Tiruvallur District, 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 learned Magistrate concerned, and on further conditions:

[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., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 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 absconds, a fresh FIR can be registered under Section 269 of B.N.S.

07-05-2026 Index: Yes/No Speaking/Non-speaking order rpl Note to Registry:

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 Judicial Magistrate Court, Ambattur, Tiruvallur District. 2.The Central Prison for Women, Puzhal, Chennai. 3.The Inspector of Police Avadi Tank Factory Police Station, Tiruvallur District.

4.The Public Prosecutor, High Court of Madras, Chennai.

L.VICTORIA GOWRI J.

rpl/lpp Crl.O.P.No.11897 of 2026 07-05-2026