Bhavani v. The State Rep By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.09.2025 Coram:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Bhavani ... Petitioner Vs.
The State rep. by The Inspector of Police Sriperumbudur Police Station Kancheepuram District (Crime No.477 of 2025) ... Respondent Prayer: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in in Crime No.477 of 2025 on the file of the respondent police. For Petitioner : Mr.E.Shanthakumar For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 16.08.2025 for the alleged offences under Sections 61(2) and 109(1) of BNS in Crime No.477 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that there was a illegal relationship between the petitioner/wife of the defacto complainant and A1. The same was questioned by the defacto complainant. Hence, on 09.08.2025 at about 10.20 p.m., when the defacto complainant was proceeding to his shop in a two wheeler, a while colour car which came behind the defacto complainant, attempted to hit against the defacto complainant, however the defacto complainant managed to escape. Later, one Mani called the defacto complainant and informed that he was engaged by A1 in connivance with A2/wife of the defacto complainant to kill him. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this. He would further submit that the petitioner has been suffering incarceration from 16.08.2025.
4. The learned Government Advocate (Crl. Side) appearing for respondent raised objections and submitted that there are totally three accused involved in this case. The petitioner who is the wife of the defacto complainant, is the paramour of A1. The petitioner along with other accused, attempted to kill the defacto complainant by dashing a car. He further submitted that the A1 is still in custody and already the investigation was over and the charge sheet has also been filed before the Court concerned on 23.08.2025 itself.
5. Considering the facts and circumstances of the case and the fact that the investigation was already over and the charge sheet has also been filed and also considering the period of incarceration undergone by the petitioner from 16.08.2025, this Court is inclined to grant bail to the petitioner subject to the following condition:-
7. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned Judicial Magistrate, Sriperumbudur, 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 on every Tuesday and Saturday at 10.30 a.m. for a period of three months and thereafter as and when required.
(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 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 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 229-A IPC.
11.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.The Judicial Magistrate, Sriperumbudur 2.The Inspector of Police Sriperumbudur Police Station Kancheepuram District
3. The Superintendent of Prison, Central Women's Prison, Puzhal, Chennai.
4. The Public Prosecutor, High Court, Madras 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.
T.V.THAMILSELVI J.
ksa-2 11.09.2025