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Madras High CourtCRL OP(MD)/12659/2025allowed

Narmadha v. The State Of Tamil Nadu Rep. By

2025-08-18Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI and CRL MP(MD).No.10691 of 2025

1. Narmadha, D/o.Nagamuthu,

2. Kala, W/o.Nagamuthu

3. Malar, W/o.Nagu,

4. Saradha, W/o.Nagasundaram, ..Petitioners/ Accused Nos.8 to 11 Vs The State of Tamilnadu rep.by The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

(Crime No.67 of 2025) .. Respondent/Complainant For Petitioners : Mr.Thenrajan Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/6

For Interevener : Mr.M.Kannan PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.67 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioners / Accused Nos.8 to 11, who were arrested and remanded to judicial custody on 16.07.2025 for the offences punishable under Sections 189(2), 296 (b), 115(2), 118(1), 351(3), 105 of BNS r/w.Section 4 of TamilNadu Prohibition of Harassment of Women Act in Crime No.67 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there is a pathway dispute between the accused and the defacto-complainant, regarding the same, on 15.07.2025, there was a wordy quarrel, in which the accused persons attacked the defacto-complainant and her husband, mother, father with wooden log and they sustained severe injury. Hence, the case.

3. The learned counsel for the petitioners would submit that the defactocomplainant's mother is none other than younger sister of A1 to A4. It is only civil dispute regarding to laying of path way. The Defacto-complainant lodged a false complaint against these petitioners. All these petitioners are women, they are innocent persons and they have not committed any offences as alleged by the 2/6

prosecution. The petitioners are ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioners are in custody from 16.07.2025, nearly 32 days. Hence, he seeks bail.

4. The learned Counsel appearing for the intervener would submit that these petitioners and other accused persons have wordy quarrel with the defactocomplainant. The petitioners have been very outrageous and vitriolic in their speeches and have instigated and infuriated the men-folk of their family and joined with them in such violent and brutal attack against the family members of the defacto-complainant. CCTV footage also clearly shows the occurrence committed by the petitioners and others. In this case, A3 and A4 are still absconding. If the petitioners are released, stringent condition may be imposed against them and they may be stay far away place. He objected to grant bail to the petitioners.

5. The learned Government Advocate (Criminal Side) would submit that there are totally 11 accused persons, these petitioners are arrayed as A8 to A11. A1, A2, A5, A6, A7 were surrendered before the concerned Judicial Magistrate. There is a pathway dispute between the parties, in which A1 to A4 attacked the defactocomplainant and her family members with wooden log and her father sustained simple injury and later he died. There is no previous case against this petitioners. However, he objected to grant bail to the petitioners. 3/6

6. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that there is a path way dispute pending between the parties, these petitioners are ladies and they are in judicial custody for the past 33 days, by this time most of the investigation might have been completed, there is no previous case against these petitioners, the petitioners/accused Nos.8 to 11 remanded into judicial custody on 16.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

7. Accordingly, the petitioners are ordered to be released on bail on executing separate 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 learned Judicial Magistrate Court, Rameswaram, Ramanathapuram and on further conditions that :- [a] 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 Court, Rameswaram, Ramanathapuram. If the petitioners changes their residential address, they shall report the same to the learned Judicial Magistrate Court, Rameswaram, Ramanathapuram; 4/6

[c] the petitioners shall Stay at Theni and they shall appear and sign before the Inspector of Police, Theni All Women Police Station daily at 10.00 a.m., and 05.00p.m. until further orders.

[d] the petitioners shall not abscond either during investigation or trial. [e] the petitioners shall not tamper with evidence or witness 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

8. Consequently, connected miscellaneous petition is closed. sd/- 18/08/2025 / TRUE COPY / 18/08/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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gvn TO 1 The Judicial Magistrate, Rameswaram, Ramanathapuram. 2 Do Through the Chief Judicial Magistrate, Ramanathapuram District. 3 The Officer Incharge, Women Sub Jail, Paramakudi, Ramanathapuram District. 4 The Inspector of Police, Mandapam Police Station, Ramanathapuram District.

5 The Inspector of Police, All Women Police Station, Theni. 6 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.K.THENRAJAN, Advocate ( SR-8882[I] dated 18/08/2025 )

ORDER

IN CRL OP(MD) No.12659 of 2025 Date :18/08/2025 NBF/SAR- /18/08/2025/ 6P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6