Anjalai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2024 PRESENT The HONOURABLE MR. JUSTICE N.ANAND VENKATESH Anjalai ... Petitioner/Sole Accused Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Avaniyapuram Police Station, Madurai District.

(Crime No. 652/2024).

... Respondent/Complainant For Petitioner : M/s. Vadivelan. K, For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 652 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial 1/4

custody on 02.10.2024 for the offences under Section 109 BNS Act in Crime No.652 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a wordy altercation between the petitioner and her son. The petitioner is said to have poured the steaming oil on the face of the defacto complainant, as a result of which, the injured had sustained 60% burn injuries.

3. Heard the learned counsel appearing for the petitioner and the learned learned Additional Public Prosecutor appearing for the respondent. 4.Taking into consideration the facts and circumstances of the case and considering the manner in which, the incident had taken place and also considering the fact that the petitioner is none other than the mother of injured and the petitioner has suffered incarceration from 02.10.2024 and the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner subject to the following conditions.

5. Accordingly, the criminal original petition is ordered and the petitioner is ordered to be released on bail on executing 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 Judicial Magistrate No.VI, Madurai, and on further conditions that:- 2/4

[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 petitioner shall report before the respondent police on every Monday at 10.30 a.m., until further orders;

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial; [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 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 Act.

sd/- 27/11/2024 / TRUE COPY / 27/11/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

3/4

PNM TO 1 THE JUDICIAL MAGISTRATE NO.VI MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.VADIVELAN, Advocate ( SR-14574[I] dated 27/11/2024 )

ORDER

IN CRL OP(MD) No.20641 of 2024 Date :27/11/2024 SS/SAR- /27/11/2024/ 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4