Pushpa Rani v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/03/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Pushpa Rani ... Petitioner/Accused Vs The State of Tamil Nadu, Rep by the Inspector of Police, Alwarkurichi Police Station, Tenkasi District.
Crime No. 45/2025.
... Respondent/Complainant For Petitioner : Mr. Vishnuvardhan Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.45 of 2025 on the file of the respondent Police. 1/7
ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 21.02.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail.
2. The petitioner / sole accused, apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 329(4), 326(g) of BNS, 2023, in Crime No.45 of 2025 on the file of the respondent-police.
3. The case for the prosecution is that due to previous enmity, on 13.02.2025 at about 20.45 hours, the petitioner went to the house of the defacto complainant and set fire to his Two wheeler vehicle bearing Regn.No.TN 72 CX 9667, which was parked outside and caused damage to the tune of Rs.75,000/-. Hence, the case.
4. Mr.S. Vishnuvardhan, the learned counsel for the petitioner, submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He, however, submits that the petitioner is ready to abide by any conditions to be imposed by this Court. He therefore prays for grant of pre-arrest bail to the petitioner. 2/7
5. Per contra, Mr.K.Sanjai Gandhi, the learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the damage caused by the petitioner is worth about Rs.35,000/-. He further submits that the investigation of the case is pending and therefore, at this stage, if the petitioner is granted pre-arrest bail, he may commit similar offence, cause threat to the defacto complainant and tamper with the evidence. Hence, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner has permanent residence and deep roots in the society and therefore, there is less possibility for absconding. Considering the same and with a view to give an opportunity to reform hereself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions. (i) The petitioner shall be released on pre-arrest bail in the event of her arrest or in the event of her surrender before the learned Judicial Magistrate, Thenkasi, within a period of 15 days from date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties 3/7
each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the said Magistrate.
(ii) The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.45 of 2025 on the file of the learned Judicial Magistrate, Thenkasi, without prejudice to her rights and contentions before the trial Court. On such deposit, the said Magistrate is directed to deposit the said amount in any one of the Nationalized Banks in a fixed deposit scheme for a period of one year and thereafter, renew the same till the conclusion of trial and the said amount shall be subject to the final out come of the trial; (iii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity.
(iv) The petitioner shall appear and sign before the respondent - Police weekly twice i.e., on every Monday and Friday at 10.30 am until further orders. 4/7
(v) The petitioner shall make herself available for interrogation by a police officer as and when required.
(vi) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (vii) The petitioner shall not leave India without the previous permission of the Court.
(viii) The petitioner shall not enter into the defacto complainant's residence or his work place.
(ix) The petitioner shall furnish his residential address and mobile number to the concerned Magistrate.
(x) The petitioner shall not, directly, or indirectly, cause threat to the defacto complainant and tamper with the evidence.
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(xi) On breach of any of the aforementioned conditions, the learned Judicial Magistrate or Trial Court, as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 20/03/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE THENKASI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THENKASI DISTRICT.
3 THE INSPECTOR OF POLICE, ALWARKURICHI POLICE STATION, TENKASI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3575 of 2025 Date :20/03/2025 SS/SAR- /16/04/2025/ 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7