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Madras High CourtCRL OP(MD)/3616/2026granted

Premalatha v. State Of Tamilnadu Rep By Inspector Of Police, Jeyamangalam

2026-02-20Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.02.2026 PRESENT THE HON'BLE MRS JUSTICE S.SRIMATHY CRL OP(MD)No.3616 of 2026 Premalatha ... Petitioner/ Accused Vs The State of Tamil Nadu Represented by The Sub Inspector of Police, Jeyamangalam Police Station, Periyakulam, Theni District.

(Crime No.89 of 2026) ... Respondent/Complainant For Petitioner : Mr.S.Alagusundar For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Sid) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS Act 2023.

PRAYER :-For Anticipatory Bail in Crime No.89 of 2026 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 105, 238 of BNS Act 2023, in Crime No.89 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's husband had cultivated the land belonging to one Alavudeed on lease and had erected a fence with an electric connection. It is further alleged that the defacto complainant's husband accidentally came into contact with the electrified fence, as a result of which he died. Hence, the complaint was lodged.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner. 2/6

4. The learned Government Advocate (Crl.Side) submitted that there are no previous case pending against the petitioner and the investigation is still pending. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that there are no previous case pending against the petitioner and the petitioner is ready and willing to deposit some amount to the credit of crime number, 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, Periyakulam, within a period of fifteen days from the date on which the order copy was made ready and on further conditions that:

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[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; (b ) the petitioner is directed to deposit a sum of Rs.1,00,000/-(Rupees One Lakh only) to the credit of Crime No.89 of 2026 before the Judicial Magistrate, Periyakulam at that time of producing sureties. Further, the petitioner is directed to deposit a sum of Rs.1,50,000/- to the credit of Crime No.89 of 2026 before the Judicial Magistrate, Periyakulam, within a period of six weeks from the date of producing sureties. Further, the defacto complainant is permitted to withdraw the said amount on filing proper application before the trial Court. (c) the petitioner shall report before the respondent police as and when required for interrogation. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond either during investigation or trial;

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(f) 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] and;

(g) if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023. (S S Y J) 20.02.2026 msrm To 1.The Judicial Magistrate, Periyakulam.

2.The Sub Inspector of Police, Jeyamangalam Police Station, Periyakulam, Theni District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J msrm

ORDER

IN 20.02.2026 6/6