M.Priya v. The State Rep By Its, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR M.Priya D/o. Manickam No. 57/50. Thiruvallur Street, Manali, Tiruvallur- 600068 Petitioner(s) Vs The State Rep by its, The Inspector of Police, T-3 Pallvaram Police Station, Chennai. Crime No. 460/2025.

Respondent(s) Criminal Original Petition filed under Section 482 of BNSS, Act, 2023 praying to enlarge the petitioners in the event of their arrest by the respondent police in pursuant to the FIR in Crime No.460 of 2025 on the file of the respondent police.

For Petitioner(s): D Thirugnanam S.Devendran R.Anand Babu For Respondent(s): Mr.S.Udayakumar Government Advocate [Criminal Side]

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 351(2) of BNS Act, in Crime No. 460 of 2025, on the file of the respondent Police, seek anticipatory bail.

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2. The allegation against the petitioner is that the petitioner and others had assaulted the de-facto complainant due to previous enmity. Due to which, the de-facto complainant got injured. Hence, the complaint.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has been falsely implicated in this case. He further submits that she has not committed any offence as alleged by the prosecution. He further submits that the petitioner has filed a suit in O.S.No. 491 of 2023 against the de-facto complainant and it is pending before the District Munsif Cum Judicial Magistrate Court, Pallavaram. He also submits that the petitioner is ready to abide by any conditions that may be imposed by this Court and ready to furnish sufficient solvent sureties for her release. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal side) for the respondent police, reiterated the prosecution case and submits that the injured has been discharged from the hospital and there is no previous case pending against the petitioner. He further submits that this case is a case-incounter in Crime No. 458 of 2025. However, he opposed for grant of anticipatory bail to the petitioner.

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5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case, submissions made by learned counsels on either side, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her 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, Pallavaram. on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 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 3/6

their identity;

[c] the petitioner shall report before the respondent Police daily at 10.30 a.m for a period of one week and thereafter, as and when required for interrogation; [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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 17.09.2025 MSM To 1.The District Munsif Cum Judicial Magistrate, Pallavaram.

2.The State Rep by its, The Inspector of Police, T-3 Pallvaram Police Station, Chennai. Crime No. 460/2025.

3. The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

MSM 17.09.2025 5/6