Kurshith Alias Kursheeth Begum v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-06-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
1. Kurshith @ Kursheeth Begum
2. Vahitha Alias Wahida Banu ..Petitioners Vs State rep by The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupathur District.
(Crime No.154 of 2026) ..Respondent Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.154 of 2026 on the file of the Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi,Tirupattur District. For Petitioners:
Mr.Vinodh Kumar For Respondent:
Ms.R.S.Indira Government Advocate (Criminal Side)
ORDER
The petitioners apprehends arrest for the alleged offence under Sections 287, 109(1) of BNS, 2023 in Crime No.154 of 2026 on the file of the respondent police seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant's son and the 1st accused's sister are husband and wife, and there are matrimonial disputes between them. While so, on 05.05.2026, the defacto complainant's son, namely Anis, went to his wife's residence. At that point of time, the accused persons along with other family members, allegedly poured petrol on the defacto complainant's son and thereby caused burn injuries. Hence, the case.
3. The learned counsel for the petitioners submitted that it was the defacto complainant's son himself poured petrol on himself and set himself ablaze. Therefore, the petitioners are innocent persons and have been falsely implicated in the case. Hence, he prayed to grant anticipatory bail to the petitioners.
4. At this juncture, the learned Government Advocate (Crl.Side) submitted that the injured person suffered 40% burn injuries and after taking treatment in hospital for a period of 15 days, the injured person was discharged on 20.05.2026. However, she opposed to grant anticipatory bail to the petitioners.
5. I have given anxious consideration to the submissions made by the learned counsel on either side.
6. Considering the facts and circumstances of the case and the fact that the petitioners being woman, and since the other co-accused were granted bail today ie., on 03.06.2026 in Crl.OP.No.14013 of 2023, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioners is not required. Hence, this Court is inclined to enlarge the petitioners on anticipatory bail subject to 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 on which the order copy is made ready, before the learned Judicial Magistrate, Vaniyambadi, on condition that the petitioners shall execute a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions: (a) If the petitioners fails to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioners shall report before the respondent Police, everyday at 10.30 a.m., until further orders; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.
03-06-2026 Index: Yes/No Speaking/Non-speaking order VEDA 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 Judicial Magistrate, Vaniyambadi.
2.The Inspector of Police, Vaniyambadi Town Police Station, Vaniyambadi, Tirupathur District.
3.The Public Prosecutor, Madras High Court.
C.KUMARAPPAN, J.
VEDA 03-06-2026