Jagatheeswari v. State Of Tamilnadu Rep By Inspector Of Police, Andipatti

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.22550 of 2025 Jagatheeswari ... Petitioner/ Accused Vs The State of Tamilnadu, Rep by the Inspector of Police, Aundipatti Police Station, Theni, Theni District.

(Crime No.514 of 2025) ... Respondent/Complainant For Petitioner : Mr.G.Thalaimuthurasu For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.514 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 07.11.2025 for the offences punishable under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) of BNS @ Sections 191(2), 191(3), 296(b), 115(2), 118(1), 351(3) and 103 of BNS, in Crime No.514 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 19.10.2025 at around 6.30 p.m., A-1 and A-2 mocked one Karthick. A-1 to A-6 allegedly abused and assaulted him, causing serious injuries, and his paternal uncle was also injured while intervening. The injured were taken to the hospital, and Karthick later died on 05.11.2025. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences as alleged by the prosecution. He further submitted that the co-accused has already been granted bail and that the petitioner is in judicial custody from 07.11.2025. Hence, he seeks bail to the petitioner. 2/6

4. The learned Additional Public Prosecutor submitted that the offences committed by the accused persons are serious in nature. He further submitted that the specific overt act against the petitioner is that she abused the victim in filthy language. However, he opposed for grant of bail to the petitioner.

5. The learned counsel for the petitioner submitted that the petitioner is in Madurai prison, but the prison has been wrongly mentioned as Sub Jail, Nilakottai. The same is recorded.

6. Taking into consideration of the fact that the co-accused has already been granted bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

7. Accordingly, 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 3/6

Judicial Magistrate, Aundipatti, 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 report before the respondent police 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.

[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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 09.12.2025 jbr To

1. The Judicial Magistrate, Aundipatti.

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Aundipatti Police Station, Theni, Theni District.

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

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S.SRIMATHY,J.

jbr

ORDER

IN CRL OP(MD) No.22550 of 2025 Date : 09.12.2025 6/6