Mageshwari v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.05.2025

CORAM

THE HON'BLE MR. JUSTICE N.SENTHILKUMAR Crl.O.P.No.15859 of 2025

1. Mageshwari 2.Santhi

3. Dhanalakshmi

4. Gopinathan ... Petitioners Vs.

State by, The Inspector of Police, Ariyur Police Station, Vellore District.

Cr.No.81 of 2025 ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of B.N.S.S., 2023 to enlarge the petitioner on bail in the event of arrest by the respondent police in Crime No.81 of 2025 on the file of the respondent police. For Petitioners : Mr.D.Thirumoorthy For Respondent : M/s.A.Gopinath Government Advocate (Crl.Side) 1/5

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 296(b), 115(2), 118(1) and 341(3) of BNS 2023, in Crime No.81 of 2025, seeks anticipatory bail.

2. The case of the prosecution is that there was love affair between the A4's son the and the defacto complainant's daughter, in this regard, A4's son had committed suicide. Due to which, the petitioners have abused and assaulted the defacto complainant and caused injuries to him.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and a false complaint has been given as against them and they are ready to abide by any condition imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the case of the prosecution and submitted that it is a case and case in counter and the injured has been discharged from the hospital on 16.05.2025. However, he opposed for grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record 2/5

including the First Information Report.

6. Considering the arguments from both sides, the injured has been discharged from the hospital, and also considering all other aspects, 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 Judicial Magistrate-I, Vellore on condition that each of the petitioners shall execute separate bonds 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 1 to 3 being ladies shall appear before the respondent police as and when required for interrogation and 4th petitioner shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter as an when required for interrogation .

[b] the petitioners shall not tamper with evidence or witness either 3/5

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.

22.05.2025 Vv 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.

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N.SENTHILKUMAR ,J.

Vv To

1. The Judicial Magistrate-I, Vellore

2. The Inspector of Police, Ariyur Police Station, Vellore District.

3.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15859 of 2025 22.05.2025 5/5