Abirami v. The State Of Tamilnadu Rep By The Inspector Of Police
CRL OP(MD) NO. 13147 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-09-2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 13147 of 2025 Abirami Petitioner(s) Vs The State of Tamilnadu Rep by The Inspector of Police Boothapandy police station, Kanyakumari.
District Crime No.226 of 2025 Respondent(s) For Petitioner(s):
M/S.S.Kasirajan For Respondent(s):
Mr.A.S.Abul Kalaam Azad, Government Advocate (crl. Side) Prayer: For Anticipatory Bail in Crime No.226 of 2025 on the file of the Respondent Police.
ORDER
The petitioner herein/A-2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 417, 420, 506(1) of IPC, seeks anticipatory bail. 1/6
2. The case of the prosecution is that the petitioner's husband and the defacto complainant had several business transactions. During the course of scrap business the defacto complainant had paid Rs.31 Lakhs as advance, but the petitioner has failed to supply scrap. Hence, a wordy quarrel arose between them through mobile phone. Hence, a case was registered.
3. The learned counsel for the petitioner submitted that it is pure civil dispute and the defacto complainant using his political influence registered FIR against the petitioner and her husband and there is no specific over tact against the petitioner and therefore prays for anticipatory bail in favour of the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that A-1 was arrested and released on bail.
5. Considering the above facts and circumstances of the case anticipatory bail, this Court is inclined to grant interim anticipatory bail to the petitioner.
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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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Boothapandy, Kanyakumari District, 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 the police officer who intends to arrest or to the satisfaction of the learned District Munsif cum Judicial Magistrate, Boothapandy, Kanyakumari District, 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 his residential address and mobile number to the learned District Munsif cum Judicial Magistrate, Boothapandy, Kanyakumari District.
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(c) the petitioner shall appear before the respondent police as on when required for investigation;
(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/petitioner thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.
16-09-2025 KSA 4/6
To
1. The District Munsif cum Judicial Magistrate, Boothapandy, Kanyakumari District.
2. The Inspector of Police Boothapandy police station, Kanyakumari.
3. The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J, KSA Order made in Crl.O.P(MD)No.13147 of 2025 16.09.2025 6/6