M. Devikala v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-07-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN M. Devikala Petitioner(s) Vs The State Rep. by The Inspector of police, T1-Ambattur Police station, Ambattur, Chennai. Crime No. 406 of 2025 Respondent(s) PRAYER Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the event of their arrest pending investigation in connection with Crime No.406 of 2025 on the file of T1 Ambattur Police Station.

For Petitioner(s):

Mr.R Balasubramanian For Respondent(s):

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 Sections 318(4), 296(b) and 351(2) of BNS and Section 4 of TNPHW Act, in Crime No.406 of 2025, on the file of the respondent police, seeks anticipatory bail.

2.

The case of the prosecution as per the defacto complainant is that, due to previous enmity, there arose wordy quarrel between the petitioner and the defacto complainant and the petitioner herein had scolded and harassed the defacto complainant. Hence, this case.

3.

Learned counsel appearing for the petitioner would submit that petitioner is innocent and she has not committed any offence. He would further submit that this is the house owner and tenant issue, due to which, the defacto complainant had lodged a false complaint against the petitioner. He would further submit that the petitioner is ready to produce solvent sureties and to abide by any conditions that may be imposed by this Court and also undertake

to appear and to co-operate for the investigation, therefore, he prayed for the grant of anticipatory bail to the petitioner. 4.

Learned Government Advocate (Crl. Side) appearing for the respondent police opposed for granting of anticipatory bail to the petitioner, stating that, this is the house owner and tenant issue, due to which, the petitioner had scolded and harassed the defacto complainant. He also submitted that the petitioner has no previous case.

5.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent police and perused the materials available on record including the FIR. 6.

Taking note of the facts and circumstances of the case, the submissions made by the learned counsel on either side, considering the fact that the petitioner has no previous case, 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Ambattur 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] 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 as and when required for interrogation.

[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 Petitioners in accordance with law as if the conditions have been imposed and the Petitioners 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 BNS.

14-07-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Rep. by The Inspector of police, T1-Ambattur Police station, Ambattur, Chennai. Crime No. 406 of 2025 2.The Judicial Magistrate, Ambattur.

3.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN J.

gbi CRL OP No. 18553 of 14-07-2025