Shahitha v. State By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Shahitha, W/o.Ashraf Ali, No.32A, Thiruvalluvar Nagar, Anna Street, Pallavaram, Chennai-600 117.

..Petitioner(s) Vs State by its, Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai.

Cr.No.96/2026.

..Respondent(s) PRAYER: Criminal Original Petition has been filed under Section 482 of BNSS, praying to enlarge the petitioner on bail in the event of her arrest in Cr.No.96 of 2026 on the file of the respondent. For Petitioner(s):

Mr.K G Senthil Kumar For Respondent(s):

Mr.N.Palanivel, Government Advocate (Crl. Side) Order The petitioner apprehends arrest for the alleged offence under Section 124, 126(2), 296(b), 85, 351(3) of B.N.S. in Crime.No.96 of 2026, on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that the Paternal Uncle of the victim, Licy @ Sahana Fathima, witnesses the victim being attacked by her husband, with acid on 15.03.2026 at about 10.00 p.m., while he was returning home. Upon witnessing the occurrence, the defacto complainant raised an alarm, whereupon the accused fled the scene. The victim was immediately admitted to Government Hospital, Tambaram. Hence the case.

3. The learned counsel for the petitioner submitted that the petitioner is the mother-in-law and the entire issue is in respect of dowry harrasment. He further submitted that the husband of the victim was already remanded and release on bail. The petitioner is an innocent and she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to co-operate with the investigation. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Counsel (Criminal Side) appearing for the respondent police reiterated the prosecution case and strongly opposed to grant anticipatory bail to the petitioner.

5. I have given my anxious consideration to either side submissions and perused the materials available on record.

6. From the submissions made by either side, it is seen that the occurrence took place on 15.03.2026 and the husband of the victim has already been arrested and released on bail. The petitioner, being a woman and the mother-inlaw of the victim, and considering the facts and circumstances of the case, this Court is of the view that custodial interrogation of the petitioner is not required at this stage. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

7. 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 District Munsif cum Judicial Magistrate, Pallavaram, 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 fail 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 petitioner shall report and sign before the respondent Police, everyday 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.

15-06-2026 Index: Yes/No Speaking/Non-speaking order AH To 1.The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai.

2.The District Munsif cum Judicial Magistrate, Pallavaram.

3.The Public Prosecutor, High Court, Madras.

C.KUMARAPPAN J.

AH 15-06-2026