M.Vijaya v. State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-05-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ M.Vijaya ..Petitioner(s) Vs State Rep.by, The Inspector of Police, T5, Kundrathur, Tambaram City.
Cr.No.202/2026.
..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.202 of 2026 on the file of the Respondent. For Petitioner(s):
Mr.G.Nirmal Krishnan For Respondent(s):
Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 296(b), 118(1), 351(3) of BNS r/w 4 of TNPHW Act, in Crime No. 202 of 2026 on the file of the respondent Police, seek anticipatory bail.
2. The learned counsel for the petitioner, pleading innocence on the part of the petitioner and false implication in the case, seeks indulgence of this Court. He submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Therefore, he prayed to grant anticipatory bail to the petitioner.
3. The case of the prosecution as put forth by the learned counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent police, opposing for grant of anticipatory bail that petitioner is the sister-in-law of the defacto complainant and both of them are living in the same property, there was a wordy quarrel relating to ownership of the property during which the petitioner had attacked the defacto complainant with iron rod. He further submits that the defacto complainant sustained a head injury and the injury is simple in nature. However, he opposed to grant anticipatory bail to the petitioner.
4. Having heard the learned counsel for the petitioner, the learned counsel for Government of Tamil Nadu (Criminal Side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, 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 is made ready, before the learned Judicial Magistrate, Sriperumbudur on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further conditions that: [a] the petitioner and 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, on every Saturday at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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.
29-05-2026 Index: Yes/No Speaking/Non-speaking order NR/MPA Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on 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, Sriperumbudur.
2. The Inspector of Police, T5, Kundrathur, Tambaram City.
3. The Public Prosecutor, High Court of Madras.
MOHAMMED SHAFFIQ, J.
NR/MPA 29-05-2026