Thai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/05/2025 PRESENT The HONOURABLE MR. JUSTICE K. RAJASEKAR Thai, W/o.Sathaiya, 140/137, Annanagar, Eb Road, Trichy District..

... Petitioner/Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Thuvakkudi Police Station, Trichy District.

(Crime No.20 of 2025).

... Respondent/Complainant For Petitioner : M/s. M.Keerthi Prasanna, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) PRAYER :- For Anticipatory Bail in Crime No.20 of 2025 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the 1/5

respondent police for the offences punishable under Sections 296(b) and 109 BNS altered into Sections 296(b) and 103(1) BNS in Crime No.20 of 2025, seeks anticipatory bail.

2. The case against the petitioner is that she is the mother of the Accused Nos.1 and 2 and due to a family dispute, the petitioner, in conspiracy with Accused Nos. 1 and 2, invited the deceased to her house on the date of occurrence. It is alleged that Accused No. 5 instigated Accused Nos. 1 and 2, who then attacked the deceased with an aruval indiscriminately and committed murder.

3. The learned counsel for the petitioner submitted that the petitioner is a lady and being the mother of Accused Nos. 1 and 2, has been falsely implicated in the case. There is no overt act attributed to her, and she does not appear to be directly involved in the present case.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the petitioner along with the other accused conspired and invited the deceased and in her instigation, the Accused Nos.1 and 2 committed murder by attacking the deceased with Aruval.

5. It is also reported that the final report in this case has been filed, showing that the petitioner as an absconding accused. Accused Nos.1 and 2 were also released on statutory bail.

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6. Considering the facts and circumstances of the case and also considering the fact that the final report has been filed,and further taking into account that the petitioner is a lady, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, this Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Tiruchirappalli, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/-(Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 report before the respondent police daily at 10.30 am until further order;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial; (e)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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.

Sd/- 14/05/2025 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO

1. The Judicial Magistrate No.VI, Tiruchirappalli

2. Do Through The Chief Judicial Magistrate, Tiruchirappalli.

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3. The Inspector of Police, Thuvakkudi Police Station, Trichy District.

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

Madurai.

ORDER

IN CRL OP(MD) No.8456 of 2025 Date : 14/05/2025 BV(27/05/2025) 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 5/5