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Madras High CourtCRL OP(MD)/9419/2025allowed

Annalakshmi @ Sakilabanu v. The State Of Tamil Nadu

2025-06-10Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Annalakshmi @ Sakilabanu ... Petitioner/ Accused No.7 Vs.

State of Tamil Nadu through The Inspector of Police, Theppakulam Police Station, Madurai City.

(Crime No.123 of 2025) ... Respondent/Complainant For Petitioner : Ms.Jeya Prabha Advocate For Respondent : Mr.M.Karunanithi Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.123 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 310(4) of BNS, 2023, in Crime No.123 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 18.02.2025, while the respondent police were on patrol duty, they received a tip-off that some individuals were sitting and talking inside the thorn bushes, armed with weapons. On reaching the spot, they found that the accused persons were in possession of lethal weapons and chili powder, and they were preparing to commit robbery against the public and hence, the respondent police arrested the accused persons. On the confession of Accused No.1, it is seen that the accused persons stayed and kept their weapons on the upstairs of the petitioner's house. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner would submit that this is the second anticipatory bail application. She would further submit that the petitioner has not committed any offence as alleged by the prosecution. Based on the confession of Accused No.1, the petitioner has been falsely implicated in this case and the co2/6

accused were already arrested and released on bail. Hence, she seeks anticipatory bail.

4.The learned Government Advocate (Criminal Side) would submit that this is the second anticipatory bail application and the petitioner is having six previous cases, out of which four cases are already disposed of. He would further submit that the properties have also been recovered and the co-accused were already arrested and released on bail. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and considering the fact that even after dismissal of earlier application for anticipatory bail, the respondent police has not secured the petitioner/Accused No.7 till date, and taking into account of the fact that the petitioner is a mother of two children and no similar case is pending against her also considering the fact that the properties have also been recovered and co-accused were already been released on bail, this Court is inclined to enlarge the petitioner on anticipatory bail.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which 3/6

the order copy made ready, before the learned Judicial Magistrate No.1, Madurai District, 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 Judicial Magistrate No.1, Madurai District, 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 her residential address and mobile number to the learned Judicial Magistrate No.1, Madurai District. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.1, Madurai District;

(c)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(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 abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 10/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I MADURAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE, THEPPAKULAM POLICE STATION, MADURAI CITY.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9419 of 2025 Date :10/06/2025 SS/SAR- /18/06/2025/ 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6