Vaidhehi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Vaidhehi ... Petitioner/A6 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

(Crime No.55 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.Gandhi, Senior Counsel, for Mr.A.Balaji.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.55 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the offences punishable (*) ''under Sections 106(1) of BNS altered into Section 105 of BNS, 2023 and Section 21(1) of the MMDR @ Sections 105, 125, 125(a) and 303(2) of the BNS, and Section 21(1) of the MMDR Act 1957 .' ' in Crime No.55 of 2025 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that, on 20.05.2025 at about 12.00 hours, the defacto complainant, who is serving as the Village Administrative Officer (VAO) of Mallakottai Village, falling within the territorial jurisdiction of Singampunari Taluk, approached the respondent police station and lodged a complaint. In the complaint, it was alleged that on the same day, at approximately 09.00 a.m.

, a landslide incident occurred within the premises of a private industrial site known as Mega Blue Metals, wherein a sudden and massive rock slide rapidly descended along the slope. The said mishap tragically resulted in the instantaneous death of six individuals, all of whom were engaged in stone-breaking operations at the quarry site. In view of the same, the defacto complainant sought legal action against the proprietor of Mega Blue Metals. Hence, the case.

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3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, and is no way connected with the alleged occurrence as stated by the prosecution. She has been falsely implicated in this case. He further submitted that the accused 1 and 3 were already granted anticipatory bail by this Court vide order, dated 27.06.2025 in Crl.OP(MD)No.9221 of 2025. 4.The learned Government Advocate (Crl. side) submitted that the petitioner is the wife of the first accused and she has been arrayed as A6. He further submitted that the investigation is in progress and hence, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that there is no specific overatact against the petitioner and the accused 1 and 3 were already granted anticipatory bail by this Court, this court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order 3/6

copy made ready, before the learned Judicial Magistrate, Singampunari, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) 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, Singampunari, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (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 learned Judicial Magistrate, Singampunari. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate, Singampunari;

(c) the petitioner shall report before the K.Pudur police Station, Madurai, daily at 10.00 a.m., until further orders;

(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 4/6

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

sd/- 02/07/2025 (*)Amended as per the order of this Court dated24/07/2025 made in CRL MP(MD) No.9686 of 2025 in CRL OP(MD) No.11144 of 2025.Further, period of two weeks granted to comply the conditions from the date of receipt of a copy of this order / TRUE COPY / / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das To be substituted to the order which is already despatched on 16/07/2025 To 1.The Judicial Magistrate, Singampunari.

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

3.The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

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

+2 CC to M/s.A.BALAJI, Advocate ( SR-7049[I] , SR-7977[I] dated 02/07/2025 and 24/07/2025 ) ORDER IN CRL OP(MD) No.11144 of 2025 Date :02/07/2025 SB/16.07.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 AS/11.08.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6