Sharmila Begum @ Sharmilabanu v. The State Of Tamilnadu Rep By,

CRL OP(MD) NO. 15517 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-09-2025

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 15517 of 2025

1. Sharmila Begum @ Sharmilabanu

2. Ajmeer Kaja Petitioner(s) Vs The Inspector Of Police, Melur Police Station, Madurai district. Crime No.426 of 2025 Respondent(s) For Petitioner(s):

Mr.S. Mahendra Pathy For Respondent(s):

Mr.S.S.Manoj, Government Advocate (crl. Side) Prayer: For Anticipatory Bail in Crime No.426 of 2025 on the file of the Respondent Police.

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ORDER

The petitioners/A-1 & A-2, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 329(4), 296(B), 303(2), 118(1), 351(3) of BNS Act and Section 4 of TNPWHA Act, seek anticipatory bail.

2. The case of the prosecution is that, due to wordy quarrel between the petitioners and the defacto complainant, the petitioners abused the defacto complainant by using filthy language and A1 attacked the defacto complainant with iron rod on the ear and made harassment to her and 5 sovereigns of gold ornaments was found missing during the course of occurrence. Hence, a case has been registered.

3. The learned counsel appearing for the petitioners submits that the First Information Report was registered belatedly and these petitioners are innocents persons and they did not commit any offence as alleged by the prosecution.

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4. The learned Government Advocate(Crl.side) appearing for the respondent Police submitted that there is some money transactions between the parties.

5. Considering the facts of the facts and circumstances of the case and also considering the fact that the belated First Information Report, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Melur, Madurai District, on condition that the petitioners 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 Judicial Magistrate Court, Melur, Madurai District, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 3/6

(a) the petitioners 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 petitioners shall furnish his residential address and mobile number to the learned Judicial Magistrate Court, Melur, Madurai District. In the event of any change in his residential address, the petitioners shall report the same to the learned Judicial Magistrate Court, Melur, Madurai District.

(c) the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as on when required for investigation;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court 4/6

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/petitioners thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

18.09.2025 KSA To

1. The Judicial Magistrate Court, Melur, Madurai District.

2. The Inspector Of Police, Melur Police Station, Madurai District.

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

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S.SRIMATHY,J.

KSA

ORDER

IN CRL OP(MD) NO. 15517 of 2025 18.09.2025 6/6