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Madras High CourtCRL OP(MD)/9156/2025allowed

Mariammal v. The State Of Tamilnadu,

2025-06-03Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Mariammal, W/o.Kannan 2.Selvavalli, D/o.Kannan ... Petitioners Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Sipcot Police Station, Thoothukudi District.

(Crime No.456 of 2025) ... Respondent/Complainant For Petitioners : Mr.K.Suyambulingabharathi, Advocate For Respondent : Mr.M.Karunanithi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/5

PRAYER :- For Anticipatory Bail in Crime No.456 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 85, 133, 115(2), 118(1) and 351(3) of BNS, 2023 read with Section 4 of Women Harassment Act in Crime No.456 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are in-laws of the de-facto complainant. The 1st petitioner's son, namely Selva Antony, and the de-facto complainant got married to each other. Due to difference of opinion between them, the petitioners and other accused abused the de-facto complainant in filthy language and assaulted her and also threatened her. Hence, the case.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons, and have not committed any offence as alleged by the prosecution, and they have been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that there are totally three accused persons in this case and the petitioners have been arrayed as 2/5

A2 and A3. A1 was arrested and subsequently released on bail. He further submits that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case, and considering the fact that the petitioners are only in-laws of the de-facto complainant, and taking into account of the fact that the the co-accused has been released on bail, and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to enlarge the petitioners on anticipatory bail.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.III, Thoothukudi 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 to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.III, Thoothukudi and on further conditions 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. 3/5

for a period of fifteen days and thereafter, as and when required for the 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; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN TO 1.THE JUDICIAL MAGISTRATE COURT NO.III, THOOTHUKUDI.

2. THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3.THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.K.SUYAMBULINGABHARATHI, Advocate ( SR-5927[I] dated 04/06/2025 )

ORDER

IN CRL OP(MD) No.9156 of 2025 Date :03/06/2025 PR/10.06 .2025 5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5