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Madras High CourtCRL OP/31214/2025granted

Poongodi v. The State Rep By

2025-11-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Poongodi ... Petitioner -vsState Rep by, The Inspector of Police, Mahendramangalam Police Station, Dharmapuri District.

(Crime No.108 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Crime No.108 of 2025 pending investigation on the file of the respondent police.

For Petitioner :

Mr.J.Pradeep For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 01.11.2025, for the alleged offence punishable under Sections 296(b), 115(2), 105 of BNS, 2023 in Crime No.108 of 2025, on the file of the respondent police, seeks bail.

2. The allegation against this petitioner is that, she was quarreled with the deceased in this case who is aged about 67 years, attacked her with hands, legs and kicked and also pushed her down and caused severe injuries and the deceased was died on the spot.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent, she has been falsely implicated in this case. He would further submit that the petitioner was arrested and she is in judicial custody from 01.11.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the occurrence was taken place on 31.10.2025 and due to 2/6

quarrel this petitioner attacked the deceased with hands, legs and kicked even after the deceased fell down and investigation is still pending in this case and he opposed for grant of bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the submissions of the learned counsel on either side and the period of incarceration from 01.11.2025, and on perusal of records it reveals that there is a quarrel between the parties and this petitioner pushed down and kicked, which caused severe injury and deceased died on the spot, and the fact that the petitioner is also a lady, and this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Palacode, 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 3/6

a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall stay at Krishnagiri report before the Judicial Magistrate Court - I, Krishnagiri daily at 10.30 a.m., for a period of six weeks;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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 learned 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

17.11.2025 rna 4/6

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.

To 1.The Judicial Magistrate Court, Palacode.

2.The Inspector of Police, Mahendramangalam Police Station, Dharmapuri District.

3.The Superintendent of Prison, District Jail, Dharmapuri.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

rna 17.11.2025 6/6