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Madras High CourtCRL OP(MD)/12963/2025allowed

M .Sumathi v. The State Of Tamilnadu

2025-08-05Honourable Mr Justice P.Vadamalai6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/08/2025 PRESENT THE HONOURABLE MR. JUSTICE P. VADAMALAI M.Sumathi, W/o.Muthalagu, .. Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Alangulam Police Station, Virudhunagar District.

(Crime No.83 of 2025) .. Respondent/Complainant For Petitioner :Mr.S.Maya Perumal Advocate For Respondent : Mr.S.Prakash Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.83 of 2025 on the file of the Respondent Police. 1/6

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 115(2) of BNS Act, r/w.Section 4 of TNPHW Act in Crime No.83 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant namely sumathi alleged that there was a previous enmity existed between the defacto complainant's husband and his neighbour Muthalagu, who is the husband of the Petitioner in respect of civil dispute. In continuation to that on 23.06.2025 at about 02.30 p.m., the Petitioner and other Accused persons came to the said land and damaged stone fence installed by the defacto complainant's husband and when the defacto complainant and her husband questioned the same, the Accused persons No.1 to 3 abused them by using filthy languages and this petitioner assaulted the defacto complainant with stick and sustained injury and A3 assaulted her husband with stick and sustained injury. A2 assaulted the defacto complainant with hand and sustained simple injury. Hence, the case.

3. The learned counsel for the petitioner would submit that the respondent 2/6

police lodged a false case against this petitioner. The petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions which may be imposed by this Hon'ble Court. Hence, he seeks anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that due to previous enmity, this petitioner and other accused persons abused the defactocomplainant with filthy language and attacked with stick. The defacto-complainant had sustained simple injury and admitted in hospital and later he discharged from hospital. In this case, the Accused Nos.2 and 3 were enlarged on anticipatory bail by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Crl.M.P.No.2225/2025 dated 18.07.2025. There is no previous case against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that the defacto-complainant had sustained simple injury and admitted in hospital, later he was discharged from hospital, in this case, the Accused Nos.2 and 3 were enlarged on anticipatory bail by the learned Principal District and Sessions 3/6

Judge, Virudhunagar District at Srivilliputhur in Crl.M.P.No.2225/2025 dated 18.07.2025, there is no previous case against the petitioner, 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 anticipatory bail in the event of her arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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.II, Sattur, and on further conditions 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 contact number to the learned Judicial Magistrate No.II, Sattur. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Sattur;

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(c) the petitioner shall report before the respondent police 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 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 thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/- 05/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GVN TO 1 The Judicial Magistrate No.II, Sattur.

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2 Do Through The Chief Judicial Magistrate, Virudhunagar District.

3 The Inspector of Police, Alangulam Police Station, Virudhunagar District.

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

+1 CC to M/s.S.MAYA PERUMAL, Advocate ( SR-8447[I] dated 05/08/2025 )

ORDER

IN CRL OP(MD) No.12963 of 2025 Date :05/08/2025 NM/22.08.2025/ 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6