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Madras High CourtCRL OP(MD)/12429/2025allowed

Anjali Devi v. The State Of Tamil Nadu

2025-07-28Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI

1. Anjali Devi, W/o.Veeraputhiran, 2.J.Naga Jothi, W/o.Jagathesan, 3.V.Dharmalingam, S/o.Velu .. Petitioners/Accused Nos.2, 5 & 8 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, S.S.Colony Police Station, Madurai.

(Crime No.417 of 2025) .. Respondent/Complainant For Petitioners : Mr.N.Sri Ganesh, Advocate 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.417 of 2025 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 133, 74, 115(2) & 351(2) of the BNS, 2023 and Section 4 of the TamilNadu Prohibition of Harassment of Women Act, 1998 in Crime No.417 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 10.07.2025 at about 11.00 a.m. infront of the petitioners' residence, the accused persons headed by Amutha (A1), abused the defacto-complainant in filthy language and wrongfully restrained her, pushed and beat her and caused simple injuries and threatened with dire consequences and outraged her modesty. Hence, the case.

3. The learned counsel for the petitioners submitted that due to previous property dispute, the defacto-complainant lodged a false complaint against the petitioners. The petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. The petitioners are ready and willing to abide any conditions which may be imposed by this Court. He further submitted that counter case Crime No.418 of 2025 is also pending. Hence, he seeks anticipatory bail to the petitioners.

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4. The learned Government Advocate (Criminal Side) submitted that these petitioners and others abused the defacto-complainant by using filthy language, attacked and threatened her with dire consequences. The defacto-complainant had sustained simple injury and she was treated in hospital as out patient. It is the case of family dispute. There is no previous case against these petitioners. He further submitted that the co-accused were granted anticipatory bail by this Court in Crl.O.P (MD)No.12289 of 2025 and Crl.O.P(MD)No.12357 of 2025.

5. Considering the facts and circumstances of the case, it is the case of family dispute, injured person treated as out patient, there are no bad antecedent against the petitioners and taking note of the fact that the co-accused were granted anticipatory bail by this Court, 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 anticipatory 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 learned Judicial Magistrate No.V, Madurai on condition that the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 learned Judicial Magistrate No.V, 3/6

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 contact number to the learned Judicial Magistrate No.V, Madurai. In the event of any change in their residential address, the petitioners shall report the same to the learned Judicial Magistrate No.V, 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 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; 4/6

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

sd/- 28/07/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das TO 1 The Judicial Magistrate No.V, Madurai.

2 Do Through the Chief Judicial Magistrate, Madurai District.

3 The Inspector of Police, S.S.Colony Police Station, Madurai.

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

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ORDER

IN CRL OP(MD) No.12429 of 2025 Date :28/07/2025 AS/28.08.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6