Sivagami v. State Rep.By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.24734 of 2025 1.Sivagami
2. Rajeswari @ Govindhammal ... Petitioners Vs.
State Rep by The Inspector of Police, Thirukazhukundram Police Station Chengalpattu District.
... Respondent (Cr.No.136 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest in Cr.No.136 of 2025 on the file of the The Inspector of Police, Thirukazhukundram Police Station, Chengalpattu District. For Petitioners : Mr.A.Murugavel For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 108 and 62 of BNS, in Crime No. 1 of 2025, on the file of the respondent Police, seek anticipatory bail.
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2.The case of the prosecution is that the petitioners and the deceased were neighbors and relatives. On the day of alleged occurrence, the 1st petitioner dumped the garbage near the common water pipeline. When the deceased questioned the same, the petitioners abused her in a filthy language and humiliated her in a public. Out of frustration, the deceased poured paint thinner in her body and set fired herself. Hence, the case.
3. The learned counsel for the petitioners submits that the petitioners are innocent persons and they have been falsely implicated in this case. He also submits that the petitioners are ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for their release. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police, reiterated the prosecution case and submitted that it is a case and case in counter where, due to wordy quarrel, the petitioners abused the defacto complainant in a filthy language and also assaulted him with hands. He also submits that no previous case is pending against the petitioners. He further submits that the injured has been discharged from the 2/6
hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5. The allegation against these petitioners is that they quarreled with the deceased in connection with dumping of garbage near a common water pipeline. Due to mental agony, the deceased, who is aged about 48 years, committed suicide by self immolation.
6. Considering the facts and circumstances of the case, nature of allegations, submissions made by learned counsels on either side and taking into account that the petitioners are being women and the deceased committed suicide due to the insult caused by the act of the petitioners herein and since the petitioners' custodial interrogation in this case is not necessary, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram, Chengalpattu district on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with 3/6
two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that:
(a) If the petitioners fails to surrender before the concerned Magistrate, within a period of fifteen 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 the identity proofs to ensure their identity;
[c] the petitioners shall report before the respondent Police daily at 10.30am until further orders.
[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];
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[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 16.09.2025 nr To 1.The learned District Munsif cum Judicial Magistrate, Thirukazhukundram, Chengalpattu
2. The Inspector of Police, Thirukazhukundram Police Station Chengalpattu District.
3. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR , J.
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