Pakkiyalakshmi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Pakkiyalakshmi, W/o.Kannan 2.Muthu Eswaran, S/o.Kannan 3.Muthumanikandan, S/o.Vairavan 4.Ajithkumar, S/o.Murugan ... Petitioners/ A5, A6, A8 & A9 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Bodinayakanur Rural Police Station, Theni District.
(Crime No.99 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Sivaprakash, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Criminal Side) 1/6
PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.99 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 232(1), 351(2) and 49 of BNS, 2023 in Crime No.99 of 2025 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 24.03.2025, the accused Nos.1 to 3 went to the de-facto complainant's house and threatened her with dire consequences, instructing her to withdraw and refrain from deposing as a witness in the murder case pending against them. Hence, the case.
3. The learned counsel for the petitioners submitted that this is the second anticipatory bail application before this Court. The petitioners have no connection whatsoever with the murder case. Furthermore, they were not present at the scene of occurrence. The de-facto complainant has falsely implicated the petitioners in this case. Hence, he seeks anticipatory bail to the petitioners. 2/6
4. The learned Government Advocate (Criminal Side) submitted that accused Nos.3, 4 and 7 have been arrested and subsequently released on bail by this Court. He further submitted that no one was injured. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, and considering the fact that as the date of occurrence is 24.03.2025, by this time most of the investigation would likely have been completed, and considering the fact that no one was injured, and taking into account of the fact that the co-acccused have already been arrested and released on bail by this Court, and also considering the fact that the custodial interrogation of the petitioners is not necessary in this case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.
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 learned Judicial Magistrate, Bodinayakanur, Theni District 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, 3/6
who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Bodinayakanur, Theni District 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 furnish their residential address and mobile number to the learned Judicial Magistrate, Bodinayakanur, Theni District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate, Bodinayakanur, Theni District; (c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
(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; 4/6
(g) if the accused 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 (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN TO 1.THE JUDICIAL MAGISTRATE COURT, BODINAYAKANUR, THENI DISTRICT.
2.THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT.
3.THE INSPECTOR OF POLICE, BODINAYAKANUR RURAL POLICE STATION, THENI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SIVA PRAKASH, Advocate ( SR-6130[I] dated 10/06/2025 ) 5/6
ORDER
IN CRL OP(MD) No.9607 of 2025 Date :10/06/2025 PR/18.06 .2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6