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Madras High CourtCRL OP/32994/2025granted

S. Sulochana v. The State Represented By, The Inspector Of Police

2025-12-02Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.32994 of 2025

1. S.Sulochana

2. P.Amirthavalli

3. Gomathi Chinnadurai ... Petitioners Vs.

The State Represented by, The Inspector of Police, Sendurai Police Station, ... Respondent (Crime No.319 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.319 of 2025 on the file of the respondent police. For Petitioners : Mr.R.Balasubramanian For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)

O R D E R

The petitioners, who were apprehending arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2), 118(1), 324(4) and 351(3) of BNS, in Crime No.319 of 2025, seek anticipatory bail.

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2. The allegation against the petitioners is that due to previous enmity, the petitioners damaged the defacto complainant house hold articles and attacked the defacto complainant and his husband. Due to which, the defacto complainant sustained grievous injuries. Hence the complaint.

3. The learned counsel for the petitioners submitted that, petitioners are innocent persons and due to previous enmity, false complaint has been given by the defacto complainant. Thus, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl Side) reiterated the prosecution case and submitted that apart from this case, petitioners have no previous cases. He also submitted that, injured has been discharged from the hospital. Hence, he opposed to grant anticipatory bail to the petitioners.

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 2/6

made by learned counsels on either side, also considering the fact that injured has been discharged from the hospital and that the petitioners have no previous cases, 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 in the event of arrest or on their appearance, within a period of ten days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate Court, Senrurai, Ariyalur District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 fail to surrender before the concerned Magistrate within a period of ten 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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 02.12.2025 kmm To

1. The District Munsif cum Judicial Magistrate Court, Senrurai,

2. The Inspector of Police, 4/6

Sendurai Police Station, 3.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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