G.Maboo Begam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/04/2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL G.Maboo Begam, ... Petitioner/Accused No.2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Thirupparankundram Police Station, Madurai City.
Crime No.187 of 2025..
... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.187 of 2025 on the file of the Respondent-Police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 08.04.2025 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant 1/6
an order of pre-arrest bail.
2. The petitioner/A2 apprehends arrest at the hands of the respondent-Police for the alleged offences punishable under Sections 61(2), 336(2), 336(3) and 336(4) of BNS, 2023, in Crime No.187 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that on 03.04.2025, the Chief Medical Officer, Government Hospital, Thirupparankundrm, Madurai, had lodged a complaint alleging that a fake appointment order was issued to one K.Kavitha and that in this regard, she lodged oral complaint before the Joint Director, Welfare Works, Usilampatti, Madurai. Subsequently, the defacto complainant had contacted the said K.Kavitha and questioned her through mobile. While so, she informed that one Venkatesan and this petitioner had received money and issued fake appointment order. Hence, the complaint.
4. Mr.M.Jegadeesh Pandian, learned counsel for the petitioner, submits that the petitioner has nothing to do with the alleged offence. He further submits that the petitioner is ready to abide any condition to be imposed by this Court. He further submits that the main allegation made against A1 is only that he issued fake order. Hence, he prays to grant pre-arrest bail to the petitioner.
5. Per contra, Mr.R.Meenakshi Sundaram, the learned Additional Public Prosecutor appearing for the respondent-police, submits that as per the direction of 2/6
this Court, the petitioner has appeared before the respondent-Police and cooperated with the enquiry. However, if pre-arrest bail is granted to the petitioner, he may cause threat to the defacto complainant and witnesses. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the First Information Report as well as the Case Diary.
7.In view of the specific overt act alleged against the petitioner and the gravity of the alleged offences, this Court is of the the view that custodial interrogation of the petitioner is not necessary. Considering the facts and circumstances of the case, the nature of the offence alleged against the petitioner, the fact that the petitioner has permanent residence and deep roots in the society and therefore, there is less possibility of absconding, and also considering the fact that the petitioner has no previous case, and also with a view to give an opportunity to the petitioner to reform herself, this Court is inclined to grant an order of pre-arrest bail to the petitioner. Accordingly, pre-arrest bail is granted to the petitioner subject to the following conditions:
(i) The petitioner shall be released on bail in the event of her arrest or in the event of her surrender before the learned Judicial Magistrate No.VI, Madurai, within a period of 15 days from date on which the order copy is made ready, on 3/6
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties, each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate No.VI, Madurai,; (ii) 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 No.VI, Madurai, shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall appear and sign before the respondent-Police weekly twice ie., on Sunday and Monday at 10.00 a.m., until further orders; (iv) The petitioner shall make herself available for interrogation by a police officer as and when required;
(v) 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 them from disclosing such facts to the Court or to any police officer; (vi) The petitioner shall not leave India without the prior permission of the Court;
(vii) The petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate Court;
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(viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses, and shall not tamper the evidence; and (ix) On breach of any of the aforementioned conditions, the learned Judicial Magistrate No.VI, Madurai, 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 it 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/- 22/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
vsg TO 1.The learned Judicial Magistrate No.VI, Madurai. 2.Do through the Chief Judicial Magistrate,Madurai. 3.The Inspector of Police,Thirupparankundram Police Station, Madurai City. 4.The Additional Public Prosecutor,Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-4620[I] dated 23/04/2025 ) 5/6
ORDER
IN CRL OP(MD) No.6806 of 2025 Date :22/04/2025 PP/28.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6