Eswari v. State Of Tamilnadu Rep By Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Eswari, W/o.Vignesh, 98/1, South Street, Thirumagalakurichi Village, Vellalnkottai, Kovilpatti Taluk, Thoothukudi District 628952.
... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Sattur Taluk Police Station, Sattur Taluk, Virhdunagar District - 626203.
Crime No.261/2025.
... Respondent/Complainant For Petitioner : Mr.Gowtham For Respondent : Mr.A.S.Abdul Kalaam Azad, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.261 of 2025 on the file of the respondent Police.
ORDER : The Court made the following order :- 1/6
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 331(3), 305(a) @ 331(3), 305(a) and 317(2) of BNS, 2023, IPC in Crime No.261 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that it is alleged that gold ornaments weighing about 8 1⁄2 sovereigns and one mobile phone were stolen from the house of the defacto complainant. One vignesh, who is the husband of the petitioner, was implicated as the first accused and based on his confession, the petitioner was arrayed as the second accused. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
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4. The learned Government Advocate (Criminal Side) submitted that in the confession statement, the first accused stated that part of the stolen jewels were handed over to the petitioner/A2. He opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the petitioner shall execute 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 No.II, Sattur, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:
[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; 3/6
[b]the petitioner is directed to deposit a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) to the credit of Crime No.261 of 2025 at the time of furnishing sureties; thereafter the petitioner shall deposit the remaining amount of Rs.25,000/- (Rupees Twenty Five Thousand) on or before 30.03.2026; After receipt of entire amount, the Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment; if any default in payment, the anticipatory bail granted will be automatically dismissed;
[c]the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [d]the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e]the petitioner shall not abscond either during investigation or trial;
[f]On breach of any of the aforesaid conditions, the 4/6
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 petitioners are 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];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
(S S Y J) 30.01.2026 vsg TO,
1. The Judicial Magistrate No.II, Sattur.
2.The Inspector of Police, Sattur Taluk Police Station, Sattur Taluk, Virhdunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
S.SRIMATHY,J., vsg 5/6
ORDER
IN CRL OP(MD) No.849 of 2026 Date : 30/01/2026 6/6