Lakshmi v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.07.2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Lakshmi Petitioner Vs The State Rep by, The Inspector of Police, P2-Otteri Police Station, Chennai.

(Ref: Crime No. 542 of 2025) Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to enlarge her on bail in the event of her arrest by the Respondent police concerned in Crime No.542 of 2025 on the file of the Inspector of Police, P2 Police Station, Otteri or on her appearance before the court.

For Petitioner :

Mr.G.Naveen For Respondent :

Mr.Leonard Arul Joseph Selvam, Government Advocate (Crl. side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 296 (b), 115 (2), 109, 121 (1),

351 (3) of B.N.S. Act, in Crime No.542 of 2025, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that, the petitioner is the tenant and the defacto-complainant is the owner of the house. The petitioner trespassed into adjacent land of the defacto-complainant thereby rearing their hens and also failed to pay rent since December 2023 and used abusive language. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record. 6.Considering the submissions made by the learned counsel appearing on either sides and since, custodial interrogation of the petitioner is not required, this Court is inclined to grant anticipatory bail to the petitioner with 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 days from the date on which the order copy made ready, before the learned X Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police

officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, 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 the identity proofs to ensure their identity; [c] the petitioner shall report before the respondent police as and when required for interrogation; [d] the petitioner shall not abscond either during investigation or trial and he shall make himself available for interrogation by a Police Officer as and when required; [e] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner to give an undertaking that if required

for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [g] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

10.07.2025 ep Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Inspector of Police, P2-Otteri Police Station, Chennai.

2.X Metropolitan Magistrate Egmore, Chennai.

3.The Public Prosecutor Madras High Court.

M.NIRMAL KUMAR J.

ep 10.07.2025