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Madras High CourtCRL OP/20290/2025granted

Parvathi v. State Represented By

2025-09-08Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.20290 of 2025 M.Parvathi ... Petitioner -vsState represented by The Inspector of Police, B-6, Mappedu Police Station, Tiruvallur District.

(Crime No.48 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of BNSS, Act 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest pending investigation in Crime No.48 of 2025 on the file of the respondent police.

For Petitioner :

Mr.K.Balachandar For Respondent :

Mr.S.Udayakumar, Government Advocate (Crl. Side) **********

ORDER

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The petitioner, who was arrested for the alleged offence under Sections 333, 296(b), 118(1), 109, 351(3), 49 of BNS and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, in Crime No.48 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of prosecution is that the defacto complainant has given a statement that one Suresh has made cut injury in her body and threatened her with dire consequences and the present statement was given by her in the hospital and hence this complaint.

3. The learned counsel appearing for petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there was some wordy quarrel and the defacto complainant sustained injuries and he was in hospital near about one month. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6

6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the credit of the Crime No.48 of 2025 and the victim is permitted to withdraw the same without prejudice to the right and contentions, and on such deposit, the petitioner is ordered to be released on bail on executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Tiruvallur, and on further conditions that:

(a) 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 requires 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 3/6

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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

08.09.2025 rna Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in 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 4/6

1.The Judicial Magistrate-II, Tiruvallur.

2.The Inspector of Police, B-6, Mappedu Police Station, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

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rna Crl.O.P.No.20290 of 2025 08.09.2025 6/6