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Madras High CourtCRL OP(MD)/21691/2025granted

P. Maria Dass v. The State Of Tamilnadu Rep By The Inspector Of Police, Moolakaraipatty

2026-02-03Honourable Mrs Justice S.Srimathy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.02.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY 1.P.Maria Dass 2.Raja Pavitha @ Raja Pabitha Charles 3.Antony @ Anthoni ... Petitioners/A1 to A3 Vs 1.State of Tamilnadu Rep by, The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District.

Crime No.276/2025. ... Respondent For Petitioner :Mr.K.Sivabalan for Aran Legal Consultancy For Respondent :Mr.S.S.Manoj, Government Advocate (Crl.Side) For Intervener : Mr.K.Rajeshwaran PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No. 276 of 2025 on the file of the respondent police 1/8

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 333, 296(b), 115(2), 118(1), 303(2) and 351(3) of BNS, 2023, in Crime No. 276 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the mother of the petitioners 1 and 2 and mother-in-law of the third petitioner. The husband of the defacto complainant had given a house property to the younger son namely Jebastin Sathish. When the same came to the knowledge of the petitioners, on 08.09.2025, at about 07.00 a.m., the petitioners came to the defacto complainant's house, abused the defacto complainant and her husband, attacked them by using the plastic chair and hands and snatched gold chain weighing 4 1⁄2 sovereigns of the defacto complainant. Hence, the complaint. 2/8

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) for the respondent police opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, and the petitioners are ready to deposit the amount of Rs.3,00,000/-, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6.Accordingly, this petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition 3/8

that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Nanguneri, within a period of fifteen days from the date on which the order copy is made ready and on further conditions that:

[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 Aadhaar card or bank pass book to ensure their identity;

[b] the petitioners are directed to deposit a sum of Rs.1,00,000/-(Rupees one lakhs only) to the credit of Crime No.276 of 2025 at the time of furnishing sureties; thereafter the petitioner shall deposit the remaining amount of Rs.

2,00,000/- for a period of one month;

After receipt of entire amount, the 4/8

Magistrate shall deposit the said amount in an interest bearing Fixed Deposit in any nationalized Bank initially for a period of one year and renew them periodically until the final order/Judgment is passed. The learned Judicial Magistrate or Trial Court shall pass orders regarding entitlement of the said amount in its final order/Judgment;

if any default in payment of installments, the anticipatory bail granted will be automatically dismissed;

[c] the petitioners shall report before the respondent police daily at 10.30 a.m, until further orders;

[d]the petitioners shall not tamper with the 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 5/8

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 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];

[g] If the petitioners/accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 03.02.2026 vsg 1/2 6/8

TO 1.The Judicial Magistrate, Nanguneri.

2.The Inspector of Police, Moolakaraipatty Police Station, Tirunelveli District.

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

7/8

S.SRIMATHY,J., vsg

ORDER

IN CRL OP(MD) No.21691 of 2025 Date : 03.02.2026 1/2 8/8