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Madras High CourtCRL OP(MD)/12906/2025allowed

Thangammal v. The State Of Tamil Nadu,

2025-08-04Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI Thangammal, W/o.Velusamy ... Petitioner/A7 Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Rajathaani Police Station, Aundipatti Taluk, Theni - 625512.

(Crime No.56 of 2025) ... Respondent/Complainant For Petitioner : Ms.T.Rekha, 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.56 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner/A7, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 191(2), 296(b), 127(2), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.56 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 23.03.2025, at about 5.30 p.m., the defacto complainant, upon visiting his land bearing Survey No.3/5, found the petitioner, along with other accused, plucking tamarinds from a tree situated thereon. When the de-facto complainant questioned them, the petitioner and other accused abused him using filthy language and also assaulted him. Hence, a case was registered.

3. The learned counsel appearing for the petitioner submitted that this is the second anticipatory bail application filed before this Court, and the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. She, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. 2/6

Hence, she seeks anticipatory bail.

4. The learned Government Advocate (Crl. side) submitted that there are totally eight accused persons in this case and the petitioner has been arrayed as A7. Five of the accused have been granted anticipatory bail by this Court. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the injured has been discharged from the hospital, and that as the date of occurrence is 23.03.2025, by this time most of the investigation might have been completed, 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 arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Aundipatti, 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 3/6

of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate, Aundipatti, 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, Aundipatti. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate, Aundipatti;

(c) the petitioner shall report before the respondent police daily at 10.30 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; 4/6

(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 herself 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/- 04/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 The Judicial Magistrate, Aundipatti.

2 The Inspector of Police, Rajathaani Police Station, Aundipatti Taluk, Theni 3 The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN CRL OP(MD) No.12906 of 2025 Date :04/08/2025 NM/28.08.2025/ 6P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6