Aishwarya v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI
1. Aishwarya
2. Ponmuthuramalingam
3. Maheshwari 4.Manickam 5.Mahendran ... Petitioners/ Accused Rank Not Known Vs.
The State of Tamil Nadu, Rep. by, the Inspector of Police, Vembakkottai Police Station, Virudhunagar District.
Crime No.158 of 2025.
... Respondent/Complainant For petitioners :M/s.S.Prabha, 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.158 of 2025 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioners/Accused Rank Not Known, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections (*)191(2), 296(b), 118(1), 115(2), 351(2) of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act in Crime No.158 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 07.05.2025, while conducting Karakattam Programme at Kaliammankovil Festival, there was a dispute between the petitioners and the defacto complainant and the petitioners have attacked the defacto complainant and thereby caused injuries. Hence the case.
3. The learned counsel for the petitioners would submit that petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. Side) would submit that there was a dispute between the petitioners and the defacto complainant during the Temple Festival and the petitioners have attacked and caused injuries to the defacto complainant. He would further submit that a counter case has also been registered in Crime No.159 of 2025 and the injured has been discharged from the hospital. However, he objected to grant anticipatory bail to the petitioners. 2/5
5. Taking into consideration of the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions.
6. Accordingly, the petitioners 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 No.II, Sattur on condition that the petitioners shall 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 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 petitioners 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 petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate No.II, Sattur. If the petitioners changes their residential address, they shall report the same to the concerned Court. (c)the petitioners shall report before the respondent police daily at 10.
30 a.m.
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(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 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 SCW 5560] and; (g)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
sd/- 03/06/2025 (*)AMENDED AS PER ORDER O THE COURT DATE 23/06/2025 IN CRL.MP(MD).7797 OF 2025 CRL.OP(MD).8881 OF 2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO TO BE SUBSTITUTED WITH THE ORDER DATE 03/06/2025 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, VEMBAKKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.8881 of 2025 Date :03/06/2025 SA/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