Fathima Sulthan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Fathima Sulthan (F/60/2025) W/o.Sulthan

2. Nabisabi Rashedali (F/65/2025) W/o.Rashedali

3. Rahamath Sheik (F/55/2025) W/o.Shiek Mohammed Buhari .. Petitioners/Accused No.not known Vs State of Tamil Nadu, Rep. by the Inspector of Police, Karupayoorani Police Station, Madurai District.

(Crime No.57 of 2025) .. Respondent/Complainant For Petitioner : Mr.K.Sathish kumar For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS 1/6

PRAYER :- For Anticipatory Bail in Crime No.57 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 296(b), 115(2), 75, 351(2) of BNS and Section 4 of TNPHW Act, in Crime No.57 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the first accused had love affair with the defacto complainant and thereafter, he had compelled the defacto complainant to consume alcohol and forced sexual intercourse and attacked her. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are relatives of A1, they were falsely implicated in this case. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Hon'ble Court. 2/6

Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the injured person has been discharged from the hospital and there is no previous case pending against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and there is no previous case pending against the petitioners. Furthermore, the co-accused had already been granted anticipatory bail by this Court in Crl.O.P(MD).No.9554 of 2025 and the investigation is almost completed,. Therefore, 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 Judicial Magistrate No.2, Madurai, on condition that each of 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 3/6

of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate No.2, Madurai, 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 Judicial Magistrate No.2, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the Judicial Magistrate No.2, Madurai. (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 4/6

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;

(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 18/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MSRM TO 1 THE JUDICIAL MAGISTRATE NO.2 MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI.

3 THE INSPECTOR OF POLICE, KARUPAYOORANI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-6478[I] dated 18/06/2025 ) 5/6

ORDER

IN CRL OP(MD) No.10135 of 2025 Date :18/06/2025 SS/SAR- /30/06/2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6