Saraswathi v. The State Represented By, The Inspector Ofpolice,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Saraswathi ... Petitioner/1st Accused Vs.
The State Rep. by, The Inspector of Police, Omerabad Police Station, Thirupathur District.
Crime No.281 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of BNSS, to enlarge the petitioner/accused on anticipatory bail in the event of his arrest in Crime No.281 of 2025 pending investigation on the file of the Respondent Police (Omerabad Police Station, Thirupathur District). For Petitioner :
Mr.Magesh Kumar For Respondent :
Mr.S.Vinoth Kumar Government Advocate (Crl Side) ********** 1/5
O R D E R
The petitioner herein apprehends arrest in Crime No.281 of 2025 for the offence under Sections 296(b), 115(2) and 304(2) of Bharatiya Nyaya Sanhita (BNS), 2023, is before this Court, seeking anticipatory bail.
2. The case of the prosecution is that, on 04.08.2025 at 10.25a.m., the petitioner along with other accused, assaulted and abused the de-facto complainant in filthy language, criminally intimidated him, and engaged in a quarrel and fight with him. Hence, the present case has been registered.
3. The learned counsel for the petitioner submits that the petitioner is a lady who has nothing to do with alleged offence. She is the Headmaster of the school, and the dispute arose regarding the construction of a compound wall for the school. There was an altercation between two groups, and she is no way connected with the allegations made by the de-facto complainant in this case. 4.
The learned Government Advocate (Crl. Side) submits that the victim sustained simple injuries and was treated as an out-patient. 2/5
5. Considering the above submissions and the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, on or before 29.08.2025 before the learned Judicial Magistrate, Ambur at Thirupathur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the said Magistrate on or before 29.08.2025, 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;
[d] 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 3/5
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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
20.08.2025 nvi To 1.The Judicial Magistrate, Ambur at Thirupathur District 2.The Inspector of Police, Omerabad Police Station, Thirupathur District
3. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J.
4/5
nvi 20.08.2025 5/5