Savitha v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.05.2025 PRESENT The HONOURABLE MR. JUSTICE M.JOTHIRAMAN Savitha ... Petitioner Vs The State of TamilNadu rep. by The Inspector of Police, Madagupatti Police Station, Sivagangai District. ... Respondent For Petitioner : Mr.V.Thirumal For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.106 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 296(b), 329(4) and 109
(1) BNS, 2023 in Crime No.106 of 2025 on the file of the respondent police, seeks 1/5
anticipatory bail.
2. The case of the prosecution is that the one SureshKumar lodged a complaint before the respondent police that when he is working at abroad, he sent money to his wife to meet out family expenses. On 06.04.2025, his father was died,and he came to his native and asked for the accounts of the money sent to his wife and he came to know that his wife along with this accused unnecessarily spent the money. In view of the above, he asked about the said act to the petitioner, there arose frequent quarrels. On 22.04.2025, when the defacto-complainant, his wife and son went to sleep at about 4.15pm, he felt some shock and woke up and saw that his wife Geetha, Prabakaran and Jeevagan were handled with wife and trying to give an electric shock to him and after raising alarm, they went away. The wife of the defacto-complainant consumed poison with an ulterior motive and got admitted in hospital. Based on the statement of the defacto-complainant, the present case has been registered by the respondent police.
3. The learned Counsel appearing for the petitioner would submit that the petitioner did not involved in any of the offences as alleged by the prosecution. The petitioner is an innocent and she is falsely implicated in this case. Based on the confession statement of co-accused, she arrayed as one of the accused in the present criminal case. In this case, no one is injured. There is no previous case against the 2/5
petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent police on instructions, would submit that the petitioner and other accused persons were trying to electrocuted the defacto-complainant and his family members. In this case, no one is injured. Based on the confession statement of other co-accused, the petitioner was cited as one of the accused in the present case.
5. Considering the nature of the allegations levelled against the petitioner and considering the fact that no one is injured and no previous case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:
6. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate Court No.II, Sivagangai 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 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 3/5
card or Bank Pass Book to ensure their identity. [b] the petitioner shall report before the respondent Police daily at 10.30a.m. until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS 2023.
sd/- 08/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE COURT NO.II, SIVAGANGAI. 2.THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3. THE INSPECTOR OF POLICE, MADAGUPATTI POLICE STATION, SIVAGANGAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to V.THIRUMAL Advocate SR.No.5337(I)DT.08/05/2025 ORDER IN CRL OP(MD) No.8487 of 2025 Date :08/05/2025 PR/21.05 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5