Suba, v. State Of Tamilnadu Rep By Inspector Of Police, Kumbakonam Taluk
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2025
CORAM
THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 17825 of 2025 Suba ..Petitioner Vs State Of Tamilnadu, Rep By The Inspector Of Police, Kumbakonam Police Station, Thanjavur District.
(Crime No.606 of 2024) Respondent(s) For Petitioner(s):
Mr.P.Balamurugan For Respondent(s):
Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.606 of 2024 on the file of the Respondent Police. 1/8
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194(3) of BNSS @ 103 of BNS, 2023, in Crime No.606 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 13.11.2024, the petitioner herein called the defacto complainant. Therefore, the defacto complainant went to his son's house and asked the petitioner, for which, she stated that her child Sangamithra aged 21⁄2 years died and the defacto complainant went inside the house and saw that her granddaughter Sangamithra died in the house and closed by the white bag. Hence, a case was registered.
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3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was suffering from depressive disorder with psychotic features. He, however, submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail.
4. The learned Government Advocate (Crl. side) submitted that the petitioner murdered her own two years old daughter. However, he opposed to grant anticipatory bail to the petitioner. 5.It is seen from the report of the Senior Assistant professor, Department of Psychiatry, Thanjavur Medical College, Thanjavur, that the petitioner is suffering from depressive disorder with psychotic features.
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6. Taking into consideration of the facts and circumstances of the case, the nature of the offence, and also taking note of the fact that the petitioner was suffering from depressive disorder with psychotic features , this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
7. Accordingly, this petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with sureties each for a like sum to the satisfaction of the respondent police or the police officer 4/8
who intends to arrest or to the satisfaction of the Judicial Magistrate Court No.II, Kumbakonam, Thanjavur 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 Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District. In the event of any change in his residential address, the petitioner shall report the same to the Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District;
(c) the petitioner shall report before the respondent Police as and when required for interrogation;
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(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 petitioners 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.
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To
1. The Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District.
2. The Inspector Of Police, Kumbakonam Police Station, Thanjavur District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY.J., vsg Crl.O.P.(MD).No.17825 of 2025 Date : 17.10.2025 8/8