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Madras High CourtCRL OP(MD)/23481/2025granted

Prabhavathi v. The State Of Tamil Nadu

2025-12-18Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD)No.23481 of 2025

1. Prabhavathi

2. Nageswara Banu

...Petitioners 1 & 2/Accused Nos.2 & 4

Vs State of Tamil Nadu rep. by The Inspector of Police, Town North Police Station, Dinidigul District.

(Crime No.826 of 2025) .. Respondent/Complainant For Petitioners : M/s.R.Muthukumaran For Respondent : Mr.S.S.Manoj Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.826 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 308(2), 351(2) of BNS in Crime No.826 of 2025, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 03.12.2025, the petitioners along with the other accused, allegedly created a scene at private readymade shop. The first accused questioned the shop authority alleging that the installation of a hidden camera in the ladies trial room and the third accused the shop staff, and demanded money. Hence, the case.

3.The learned Counsel for the petitioner would submit that the petitioner are innocent persons and they have never committed in this case. Hence, he seeks anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that petitioners along with the other accused, allegedly created a scene at private readymade shop. The first accused questioned the shop authority alleging that the installation of a hidden camera in the ladies trial room and the third accused 2/5

the shop staff, and demanded money. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that A1 and A3 had already granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of his arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Dindigul, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Judicial Magistrate No.II, Dindigul 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 Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall furnish his residential address and contact number to the learned Judicial Magistrate No.II, Dindigul. In the event of any change in his residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Dindigul.

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(c) the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

(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 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]; and;

(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

18.12.2025 RJR 4/5

S.SRIMATHY,J RJR To

1. The learned Judicial Magistrate No.II, Dindigul.

2. The Inspector of Police, Town North Police Station, Dinidigul District.

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

Crl. O.P.(MD) No.23481 of 2025 18.12.2025 5/5