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Madras High CourtCRL OP(MD)/10884/2025allowed

Jeyalakshmi v. State Of Tamilnadu Rep By Inspector Of Police, Alwarthirunagari

2025-07-15Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI 1.Jeyalakshmi, W/o.Senthil 2.Subbaiah, S/o.Karuppasamy 3.Kumar @ Rajakumar, S/o.Subbaiah 4.Jeyaganesan @ Jeiganesh, S/o.Shanmugam 5.Padma @ Padmavathi, W/o.Shanmugam 6.Subbu @ Subbulakshmi, W/o.Devakumar 7.Parimaladevi, W/o.Rajakumar ... Petitioners/Accused Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, 1/6

Alwarthirunagari Police Station, Thoothukudi District.

(Crime No.89 of 2025) ... Respondent/Complainant For Petitioners : Mr.T.Indrachithu, Advocate For Respondent : Mr.S.Prakash, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.89 of 2025 on the file of the Respondent Police. (Crime number and the offence were amended vide Court order, dated 07.07.2025, in Crl.M.P.(MD)No.8697 of 2025 in Crl.O.P.(MD)No.10884 of 2025) ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 3(5), 329(4), 296(b) and 115(2) of BNS, 2023 in Crime No.89 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner is the daughter-in-law of the de-facto complainant. Due to a dispute between the 1st petitioner and the de2/6

facto complainant over a family property, on 03.06.2025, the accused abused the defacto complainant and his wife using filthy language, assaulted them, and also threatened them with dire consequences. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submitted that this is a case, case in counter. The petitioners are innocent persons and have not committed any offence as alleged by the prosecution. A counter case has also been registered in Crime No.88 of 2025 on the file of the respondent police. He, however, submitted that the petitioners are willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioners.

4. The learned Government Advocate (Crl. side) submitted that the accused persons attacked the de-facto complainant, thereby causing simple injuries. He further submitted that the injured was treated only as an outpatient. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that as the date of occurrence is 03.06.2025, by this time most of the investigation might have been completed, and 3/6

that the injured was treated only as an outpatient, 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 arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Srivaikundam, Thoothukudi District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.

II, Srivaikundam, Thoothukudi District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 No.II, Srivaikundam, Thoothukudi District. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.

(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 themselves 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 15/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1.The Judicial Magistrate No.II, Srivaikundam, Thoothukudi District.

2.Do Through The Chief Judicial Magistrate, 5/6

Thoothukudi District.

3.The Inspector of Police, Alwarthirunagari Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T. INDRACHITHU, Advocate ( SR-7689[I] dated 17/07/2025 )

ORDER

IN CRL OP(MD) No.10884 of 2025 Date :15/07/2025 HPS/06.08.2025 /6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6