Jowher Nisha v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.12.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY CRL OP(MD)No.23491 of 2025 1.Jowher Nisha 2.Sunaitha Begum 3.Balkis 4.Syed Samsudeen ... Petitioner(s) Vs.

The State of Tamil Nadu, Represented by the Inspector of Police, Elayangudi Police Station, Sivagangai District.

(Crime No.389 of 2025) ... Respondent For Petitioners : Mr.A.Mohamed Riyaz For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No.389 of 2025 on the file of the respondent police.

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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 296(b), 115(2), 118(1) and 351(3) of the Bharathiya Nyaya Sanhita(BNS), 2023 in Crime No.389 of 2025, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the defacto complainant's father-inlaw transferred a property to his daughter. Regarding the same, there existed a problem between the accused and defacto complainant's father-in-law. On 08.12.2025 at about 09.30 PM, the accused persons visited the defacto complaint's house and created a ruckus and also abused the defacto complainant and his father-in-law. The accused persons also threatened the defacto complainant with dire consequences. The accused persons attacked the defacto complainant and they were admitted in the hospital. Hence, a case has been registered as against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence. He seeks this Court to grant anticipatory bail to the petitioners.

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4.The learned Government Advocate (Crl. side) appearing for the respondent submitted that the offences committed by the petitioners are serious in nature. Further, it is a case and counter case and also the injured persons have been discharged from the hospital.

5.Considering the fact that it is a property dispute and the injured persons have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, on condition 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, Ilayangudi, within a period of fifteen days from the date on which the order 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 shall report before the respondent police as and when 3/6

required.

[c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[d]the petitioners 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].

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

18.12.2025 TMG 4/6

TO

1. Judicial Magistrate Ilayangudi.

2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.

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

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S.SRIMATHY,J TMG

ORDER

IN CRL OP(MD) No.23491 of 2025 Date : 18.12.2025 6/6