Bindu v. State Of Tamilnadu Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2025
CORAM
THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.24076 of 2025
1. Bindu
2. Ishwarya
3. Nagomi
4. Prasanth ... Petitioners Vs.
State of Tamilnadu Inspector of Police, North Police Station, Tiruppur ... Respondent (Cr.No.923 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police in the case pending investigation in Cr.No.923 of 2025 on the file of the respondent. For Petitioners :
Mr.R.Thamaraiselvan For Respondent :
Mr.S.Udayakumar, Government Advocate (Crl.Side)
O R D E R
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The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 126(2)and 132 of BNS in Crime No.923 of 2025, on the file of the respondent Police, seeks anticipatory bail.
2. The petitioners herein had gone to Tiruppur District Prison to visit one Suji Mohan, who was detained under the Preventive Detention Act. At that time, they were informed by the prison authorities that Suji Mohan had been taken to the hospital. Disbelieving this version and suspecting that the detenue had been subjected to third-degree treatment, it is alleged that the petitioners attempted to trespass into the prison premises and also took photographs of the prison. Hence, a case has been registered under Sections 126(2) and 132 of the BNS Act. The petitioners are before this Court seeking anticipatory bail, stating that the prison authorities had subjected the detenue to third-degree treatment, which led to his admission in the hospital on 07.08.2025. On learning of this, they went to the prison to enquire about the detenue. At that time, the prison authorities allegedly misbehaved with them and foisted a false complaint.
3. The learned Government Advocate (Criminal Side) appearing for 2/7
the respondent police reiterated the prosecution case and circulated the CD file in connection with Cr.No.923 of 2025, along with documents relating to the incident alleged to have taken place inside the prison on 08.08.2025, when the detenue attempted to shift from Cell No.10 to Cell No.4 without authorization and refused to return to the cell allotted to him.
4. It is brought to the notice of this Court by the learned Government Advocate (Crl. Side) that, regarding the misconduct of the inmate with the prison authorities, a separate case has been registered and the same is pending. Hence, he opposed the grant of bail to the petitioners.
5. This Court, on assessing the records, finds that, as far as these petitioners are concerned, probably due to anxiety, they caused a ruckus inside the prison premises, which led to obstruction to the prison authorities and also prevented Government servants from discharging their official duties.
6. It is also brought to the notice of this Court that one of the 3/7
petitioners herein was a former inmate in the same prison, where he had stayed along with the detenue Suji Mohan, and had probably instigated the other petitioners to create the ruckus.
7. Considering the facts and circumstances of the case and the submissions made by both counsel, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of ten days (10) from the date of receipt of a copy of this order, before the learned Judicial Magistrate-I, Tiruppur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees TenThousand only) with two sureties each for a like sum 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 petitioners fail to surrender before the concerned Magistrate within a period of ten days 4/7
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 10.30 a.m., 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];
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 5/7
02.09.2025 Vv To 1.The Judicial Magistrate-I, Tiruppur
2. The Inspector of Police, North Police Station, Tiruppur
3. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN, J., Vv 6/7
Crl.O.P.No.24076 of 2025 02.09.2025 7/7