Mahadevi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Mahadevi, W/o.Patturaja, ..Petitioner/ Accused No.5 Vs The State of Tamilnadu rep.by The Inspector of Police, Tenkasi Police Station, Tenkasi District.

(Crime No.315 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Suyambulinga Bharathi Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.315 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.5, who was arrested and remanded to judicial 1/6

custody on 16.04.2025 for the offences punishable (*) u nder Sections 296(b), 103(1), 351(3) of BNS 2023 altered into Sections. 296(b), 351(3), 61(2), 103(2) of BNS 2023 in Crime No.315 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that one Patturaj was murdered by the deceased Patturaj's brother, in front of his wife, i.e., the petitioner herein. Being the wife of the deceased Patturaj, the petitioner instigated the accused persons retaliation for her husband's death. At the instigation of this petitioner, the accused persons attacked on Kuthalingam with lethal weapon and he sustained severe head injury and died. Hence, the case.

3. The learned counsel for the petitioner would submit that a false complaint has been lodged against this petitioner. This petitioner is not at all present in the scene of occurrence. The petitioner is having two years old child and she is only being natural guardian of the said minor child. The petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide and conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 16.04.2025 nearly 62 days. Hence, he seeks bail.

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4. The learned Government Advocate (Criminal Side) would submit that at the instigation of this petitioner the other accused persons were attacked the Kuthalingam by using lethal weapon, due to which he sustained severe head injury and later died. This occurrence was happened only retaliation for this petitioner's husband's death. In this case, totally there are eight accused, this petitioner was arrayed as Accused No.5. The other Accused were already arrested. There is no previous case against the petitioner. In this case, investigation almost completed. However, he strongly objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, investigation almost completed, the petitioner is the mother of two years old child, the petitioner is not present at the time of occurrence, the petitioner is not a named accused in the FIR, there is no previous case against the petitioner, the petitioner/accused No.5 remanded into judicial custody on 16.04.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two 3/6

sureties, each for a like sum to the satisfaction of Judicial Magistrate, Tenkasi and on further conditions that :- [a] 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 contact number to the Judicial Magistrate, Tenkasi. If the petitioner changes her residential address, he shall report the same to the Judicial Magistrate, Tenkasi; [c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m. until further orders.

[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

sd/- 16/06/2025 (*)Amended as per Order of this Hon'ble Court dt.20/06/2025 in Crl.MP(MD).

7869/2025 in Crl.OP(MD).9910/2025.

/ TRUE COPY / 20/06/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO BE SUBSTITUTED WITH THE ORDER DT.16/06/2025 IS ALREADY DESPATCHED TO

1. THE JUDICIAL MAGISTRATE, TENKASI.

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2. THE CHIEF JUDICIAL MAGISTRATE TENKASI DISTRICT.

3. THE OFFICER IN CHARGE,WOMEN PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.KSUYAMBULINGABHARATHI, Advocate ( SR-6339[I] dated 16/06/2025 ) ORDER IN CRL OP(MD) No.9910 of 2025 Date :16/06/2025 PR/17.06 .2025 6P/7C GVN SA/SAR. /20.06.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6