Bhavani v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Bhavani ... Petitioner/ Accused No.2 Vs The State of Tamil Nadu Rep.by, the Inspector of Police, Pappanadu Police Station, Thanjavur District.
(Crime No.105 of 2025) ... Respondent For Petitioner : Mr.K.Pragadeesh Kumar Advocate.
For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.105 of 2025 on the file of the Respondent Police.
ORDER : The Court made the following order :- 1/6
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 316(2), 318(4), 351(2) of BNS in Crime No.105 of 2025 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the the deceased Theerkarasan was in urgent need of money and approached one Thirumoorthy for financial assistance. He sent the deceased Theerkarasan, to one Thirukumar, who agreed to provide loan by registering a land belongs to the deceased in his name and he promised to return the property after discharge of the loan amount by the deceased Theerkarasan. As per the agreement, the deceased repaid the loan amount and asked for the property. But the said Thirukumar refused to return the property and demanded a sum of Rs.30 Lakhs. In this regard Thirukumar lodged a false complaint against the deceased that the accused had hurled petrol bomb on his house. Due to which, the deceased was remanded to jail and came out on bail. On 02.04.2025, Theerkarasan was brutally murdered by the said Thirukumar. Hence, the complaint.
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3. The learned counsel for the petitioner submitted that the the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) submitted that the first accused is in judicial custody and the petitioner is the wife of the first accused and there is a specific overt act against the petitioner. He would further submit that no previous case is pending against the petitioner and the investigation in this case has been almost completed. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also the fact that the petitioner is not having any bad antecedents and the investigation has been almost completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 3/6
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, 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 learned District Munsif cum Judicial Magistrate, Orathanadu, within a period of fifteen days from the date of receipt of a copy of this order 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 Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall shall stay at Chennai and report before the Inspector of Police, Airport Police Station, Chennai, daily at 10.30 a.m., until further orders. [c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during investigation or trial.
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[e]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 is 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
[g] The grant of anticipatory bail to the petitioner/second accused shall not be shown as a ground for granting bail to the first accused and the bail petition of the first accused shall be considered independently, without being influenced by the present anticipatory bail granted.
(S S Y J) 15.09.2025 cp 5/6
S.SRIMATHY,J cp To 1.The District Munsif cum Judicial Magistrate, Orathanadu.
2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.
3.The Inspector of Police, Airport Police Station, Chennai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN 15.09.2025 6/6