Thamaraiselvi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI

1. Thamaraiselvi

2. Renuga ... Petitioners / Accused rank not known Vs.

State of Tamil Nadu, Rep. By the Inspector of Police, Manachanallur police station, Trichy District.

(Crime No.231 of 2025) ... Respondent / Complainant Prayer: Criminal original petition filed under Section 482 of BNSS, to enlarge the petitioners on bail in the event of their arrest or surrender in Crime No.231 of 2025 on the file of the respondent police.

For Petitioner : Mr.Lenin Kumar For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side).

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O R D E R

The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 296(b), 115(2), 118(1), 351(3) of the Bharatiya Nyaya Sanhita(BNS), 2023 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.231 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the complainant and the petitioners are neighbours. On 01.05.2025, there was a quarrel between the complainant and the petitioners about the water pump in the complainant's house was broken. The petitioners abused the complainant using filthy language and attacked her with their hands and also threatened her with dire consequences. Hence, the case has been registered.

3. The learned counsel appearing for the petitioners submits that the allegations levelled in the FIR are false. The petitioners and the complainant are neighbours. On the date of occurrence, the complainant came to the petitioner's home and started quarrel with the petitioners claiming that the petitioners had 2/5

broken the complainant's water pump. When the petitioners denied the same, the complainant and her family members abused the petitioners using filthy language and attacked the petitioners and also threatened them with dire consequences. Hence, a complaint was lodged before the respondent police in Crime No.232 of 2025. As a counterblast, the complainant lodged the present complaint. He would further submit that the petitioners will never abscond and will not tamper the witnesses and also ready to abide by any condition imposed by this Court and hence, he seeks to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl side) would submit that the petitioners are mother and wife of the first accused. Simple injury was caused to the complainant. The petitioners are not having any previous case.

5. Taking into consideration of the facts and circumstances of the case and also the fact that it is a case and counter case and that the petitioners are not having any previous case, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions:

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Judge, Trichy, on 3/5

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 report before the respondent police daily at 10.30 a.m for a period of 30 days and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 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; 4/5

(f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 BNS.

sd/- 21/05/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO:

1. THE ADDITIONAL MAHILA JUDGE, TRICHY.

2. THE INSPECTOR OF POLICE, MANACHANALLUR POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-5630[I] dated 22/05/2025 )

ORDER

IN CRL OP(MD) No.9015 of 2025 Date :21/05/2025 HPS/04.06.2025 /5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5