Ramalakshmi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Ramalakshmi .. Petitioner/Accused No.3 Vs The State of Tamil Nadu, The Inspector of Police, Appanthirupathy Police Station, Madurai District.

(Crime No.80 of 2025) .. Respondent/Complainant For Petitioner : Mr.S.Packiya Muthu Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.80 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 329(3), 296(b), 303(2), 351(2) of Bharatiya Nyaya Sanhita, 2023 in Crime No.80 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 03.06.2025at about 12.00 p.m., the defacto complainant along with Surveyor and the Village Administrative Officer conducted a survey of the property in S.No.7/11A belong to the defacto complainant, at that time, the 2nd and 3rd accused objected, claiming that the property belong to their relative one Sethupathiraja. However, the officials disregarded their objection and proceed with the survey. Later, at around 05.00 p.m., while the defacto complainant fixing boundary stones near the accused land, at that time, the accused persons have abused the defacto complainant in filthy language and threatened him with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is pregnant for a period of 8 months. He further submitted that the petitioner is ready and willing to abide by 2/5

any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) submitted that no one was sustained injuries and there is no previous case pending against the petitioner. He further submitted that the investigation is almost completed. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also the fact that no one was sustained injuries and the investigation might have been completed and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate-V, Madurai, on condition that 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 of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the Judicial Magistrate-V, Madurai, and on further conditions that: 3/5

(a) the petitioner 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 petitioner shall furnish her residential address and mobile number to the Judicial Magistrate-V, Madurai, In the event of any change in her residential address, the petitioner shall report the same to the Judicial Magistrate-V, Madurai, (c) the petitioner shall report before the respondent police as and when required for interrogation.

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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;

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

sd/- 25/06/2025 / TRUE COPY / /07/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

msrm To 1.The Judicial Magistrate-V, Madurai.

2. Do Through The Chief Judicial Magistrate, Madurai.

3.The Inspector of Police, Appanthirupathy Police Station, Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.PACKIYA MUTHU, Advocate ( SR-6768[I] dated 25/06/2025 )

ORDER

IN CRL OP(MD) No.10525 of 2025 Date :25/06/2025 HPS/10.07.2025 /5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5