Muthu Priya v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2025 PRESENT The HONOURABLE MS. JUSTICE P. VADAMALAI Muthu Priya ... Petitioner/ Accused Rank Not Known Vs.
The State of Tamilnadu, Rep. by the Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.
(Crime No.369 of 2025).
... Respondent/Complainant For Petitioner : Mr.A.S.Krishnan Advocate.
For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.369 of 2025 on the file of the respondent police. 1/5
ORDER : The Court made the following order :- The petitioner/Accused Rank Not Known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296 (b) and 351(3) of BNS, 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act in Crime No.369 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant one Sharmila is that on 23.04.2025 at about 7.40 p.m., the accused persons were entered into her house and scolded her father and also threatened him with dire consequences. Hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and she has been falsely implicated in this case. Further, the petitioner has not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. Side) would submit that the accused persons trespassed into the defacto complainant's house and threatened her father with dire consequences. He would further submit that there are 3 accused in this case and the petitioner is arrayed as A3. The co-accused/A1 and A2 were arrested and released on bail and no injuries to the defacto complainant and her father. However, he objected to grant anticipatory bail to the petitioner. 2/5
5. Taking into consideration of the facts and circumstances of the case and also considering the fact that nobody sustained any injuries, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate VI, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 Aadhar card or Bank pass Book to ensure their identity; (b) The petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.VI, Madurai. If the petitioner changes her residential address, she shall report the same to the concerned Court; 3/5
(c)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of fifteen day;
(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; (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 absconds, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 02/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MAC TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.
3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8312 of 2025 Date :02/06/2025 SS/SAR- /11/06/2025/ 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5