Gayathri v. State Represented By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2026

CORAM

THE HONOURABLE MR. JUSTICE C.KUMARAPPAN Gayathri ... Petitioner Vs.

The State Represented by The Inspector of Police, B-7, Ramanathapuram Police Station, Coimbatore.

(Crime No.39 of 2026) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner anticipatory bail in the event of her arrest in Crime No.39 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Gunaseelan For Respondent : Mr.N.Palanivel, Government Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 115(2) of BNS, 2023 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.39 of 2026, on the file of the respondent Police, seeks anticipatory bail.

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2. The case of the prosecution is that the petitioner, who is the stepmother of the victim child aged about 8 years, allegedly subjected the child to physical assault and caused injuries, for which the child underwent impatient treatement in the hospital. Hence, the case.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and has not committed any offence as alleged by the prosecution and that she has been falsely implicated in this case. He further submitted that the petitioner is ready to co-operate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the grant of anticipatory bail and would submit that the petitioner is the step-mother of the victim child and that the occurrence took place on 12.02.2026. He would further submit that the victim had sustained injuries, including scars on the face and near the eye. According to the statement of the victim, the petitioner used to pinch the child whenever he did not study properly.

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5. Taking into consideration of the totality of the circumstances and the fact that the occurrence took place on 12.02.2026, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.VI, Coimbatore, on condition that the petitioner shall execute a 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 petitioner 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 3/6

of identify proofs to ensure their identity;

(c) The petitioner shall stay at Dindigul and report before the Inspector of Police, Dindigul Taluk Police Station, Round Road, Elil Nagar, Dindigul, daily at 10.30 a.m., for a period of two weeks, and thereafter as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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To 1.The Judicial Magistrate No.VI, Coimbatore.

2.The Inspector of Police, B-7, Ramanathapuram Police Station, Coimbatore.

3.The Inspector of Police, Dindigul Taluk Police Station, Round Road, Elil Nagar, Dindigul.

4.The Public Prosecutor, High Court of Madras.

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C.KUMARAPPAN, J.

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