Mary Sweety @ Sweety v. The State Of Tamilnadu Rep By The Sub Inspector Of Police, Kollencode

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Mary Sweety @ Sweety 2.Vipin Dhas 3.Vijin Dhas ...petitioners/A1 to A3 Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Kollencode Police Station, Kanyakumari District.

(Crime No.77 of 2026)

...Respondent/Complainant

For petitioners :Mr.L.Shaji Chellan For Respondent :Mr.M.Karunanithi, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 77 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners/A1 to A3, who apprehend arrest at the hands of the respondent for the offences punishable under Sections 189(2), 329(3), 303(2) and 351(2) of BNS, 2023, in Crime No.77 of 2026 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to family dispute regarding the property, on 29.12.2025, at about 01.00 p.m., the first petitioner along with other accused abused the defacto complainant in filthy language and stolen two gates worth about Rs.30,000/- which were put up by her in the pathway. Hence, the case.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they were falsely implicated 2/7

in this case and they are no way connected in the above said incident. He would further submit that there was a family dispute between the parties regarding the property. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the investigation is pending and the offences are grave in nature and the petitioners has no previous cases. However, he opposes to grant anticipatory bail to the petitioners.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side and the nature of offences charged against the petitioners and there was a family dispute pending between the parties regarding the 3/7

property and the material part of the investigation might have been completed and the alleged occurrence took place on 29.12.2025, however the date of FIR is on 27.03.2026 and hence, there is a delay in filing FIR and the petitioners has no previous case, I am inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on anticipatory bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kuzhithurai, and on further conditions that:

[b] the petitioners shall appear before the respondent Police once in a week ie., on Every Saturday at 10.30 4/7

a.m., for a period of one week and thereafter, as and when required for interrogation.

[c] the petitioners shall not commit any offences of similar nature.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR 5/7

SCW 5560].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

(P D B J) 22.04.2026 vsg To 1.The learned Judicial Magistrate No.II, Kuzhithurai.

2.The Sub Inspector of Police, Kollencode Police Station, Kanyakumari District.

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

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 7988 of 2026 Date : 22.04.2026 7/7