Vijayalakshmi v. State Rep. By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 30390 of 2025 1.Vijayalakshmi 2.Murugesan Petitioners Vs.
State represented by its.
The Inspector of Police, Tharamangalam Police Station, Salem District.
Crime No.588 of 2025 Respondent Prayer: This Criminal Original Petition is filed under section 482 of BNS, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.588 of 2025 on the file of the respondent police. For Petitioner : Mr.Vairakkannan MP For Respondent:
Mr.S.Udayakumar Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1) and 351(2) BNS, 2023 in Crime No.588 of 2025, seek
anticipatory bail.
2. The case of the prosecution is that due to land dispute, the petitioners abused the defacto complainant's daughter in filthy language, assaulted the defacto complainant with iron string and caused injuries and also threatened them with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners are ready to abide by any stringent condition may be imposed by this Court. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that though it is a case and case in counter, the petitioners have assaulted the victim with iron string due to which the defacto complainant sustained injury and subsequently, discharged from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5.Heard the learned counsel for the petitioners as well as the learned Government Advocate(Crl.Side) for the respondent and perused
the entire materials available on record.
6.Taking into consideration the facts and circumstances of the case and that submissions made by the learned counsel and also of the fact that the injured has been discharged from the hospital and there is a case in counter, 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 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 Judicial Magistrate, Omalur, Salem District on condition that the petitioners shall execute a separate 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:
(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) 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 identify proofs to ensure their identity; (c) The petitioner shall report before the respondent police everyday 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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the 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 v. State of Kerala [(2005) AIR SCW 5560];
(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
07.11.2025 mpa
To 1.The Judicial Magistrate, Omalur, Salem District. 2.State rep. by The Inspector of Police, Tharamangalam Police Station, Salem District.
3.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR J.
mpa 07.11.2025