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2025 DAILYLAW 107763 (MAD)

Govinthammal v. State By, The Inspector of Police,

CRL OP/26516/2025 · 2025-09-25

K Rajasekar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 26516 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2025 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP No. 26516 of 2025 1. Govinthammal W /o Ponnusami, No.396, Mariyamman Koil Street, Nerkunam Village and Post, Vandavasi Taluk, Tiruvannamalai District. and another 2. Moorthy, S/o Ayelu, No.142, Vaniya Street, Nerkunam Village and Post, Vandavasi Taluk, Tiruvannamalai District Petitioner(s) Vs 1. State By, The Inspector of Police, Thellar Police Station, Thiruvannamalai District, Crime No. 179 of 2025 Respondent(s) PRAYER To enlarge the petitioner on Bail in the event of Arrest in Crime No. 179 of 2025, on the file of the Inspector of Police, Thellar Police Station, Thiruvannamalai District and thus render justice. https://www.mhc.tn.gov.in/judis CRL OP No. 26516 of 2025 For Petitioner(s): Silambu Selvan S S.A.Palaninathan A.Mir Hassan Abbas Y.Mohammed Ali A.Suganya For Respondent(s): Mr.S.Udayakumar Government Advocate (Crl.side) ORDER The petitioners apprehend arrest for the alleged offence under Sections 132, 308 of BNS (under section 353, 383 of IPC) in Crime No.179 of 2025, on the file of the respondent police seek anticipatory bail. 2. The case of the prosecution is that the petitioners threatened the Block Development Officer's assistant, on the ground that the officer had ill treated them while they were working under the BDO. Hence, the complaint. 3. The learned counsel for the petitioners submitted that this is an unwarranted allegation against them, as they are accused of threatening the BDO. After the complaint was lodged, the petitioners were no longer employed by the office. Hence, he prayed to grant anticipatory bail to the petitioners. https://www.mhc.tn.gov.in/judis CRL OP No. 26516 of 2025 4. The learned Government Advocate (Crl.Side) appearing for the respondent police, reported that the petitioners threatened and abused the defacto complainant and his assistance. He further submitted that there are no previous cases pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners. 5. Considering the above fact and circumstances of the case and also considering that the custodial interrogation in this case is not necessary, I am 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, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vandavasi, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), each with two sureties each for a like sum to the satisfaction of the learned https://www.mhc.tn.gov.in/judis CRL OP No. 26516 of 2025 Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) The sureties shall affix their photographs and left thumb impression in the application for surety ship (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity; (c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of one week and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners 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 v. State of Kerala [(2005) AIR SCW 5560]; https://www.mhc.tn.gov.in/judis CRL OP No. 26516 of 2025 (e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS. 25-09-2025 mpa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1.The Judicial Magistrate, Vandavasi. 2.State By, The Inspector of Police, Thellar Police Station, Thiruvannamalai District, Crime No. 179 of 2025 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 26516 of 2025 K.RAJASEKAR J. mpa CRL OP No. 26516 of 2025 25-09-2025 https://www.mhc.tn.gov.in/judis