CRL OP(MD). No.8089 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL CRL OP(MD). No.8089 of 2025 K.Nalini ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Dindigul Taluk Police Station, Dindigul District. Crime No.569 of 2017 ... Respondent/Complainant For Petitioner : Mr.E.K.Kumaresan For Respondent : Mr.M.Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS, 2023 PRAYER :- For Anticipatory Bail in Crime No.569 of 2017 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8089 of 2025 This Criminal Original Petition has been filed by the petitioner on 28.04.2025 under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant an order of pre-arrest bail. 2. The petitioner apprehends arrest at the hands of the respondent-police for the offences punishable under Sections 294(b), 323, 324 and 506(2) of Indian Penal Code, 1860 and Section 82(1) of Juvenile Justice (Care and Protection of Children) Act, 2015, in Crime No.569 of 2017 on the file of the respondent-police. 3. The case of the prosecution is that on 27.10.2017, A2 - Class Teacher and A3 - P.T. Teacher have beaten the defacto complainant's son, studying 4th standard, on his back with a stick, which resulted in internal swelling. On reaching home around 05.00 p.m., the boy fainted. Hence, the case. 4. Mr.E.K.Kumaresan, learned counsel appearing for the petitioner submits that the petitioner is only a Correspondent of the School and she has been falsely implicated in this case. He however submits that the petitioner is ready to abide any conditions to be imposed by this Court. Hence, he prays for grant of pre-arrest bail 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8089 of 2025 to the petitioner. 5. Per contra, Mr.M.Karunanithi, learned Government Advocate (Crl.Side) appearing for the respondent-police, submits that, in this case, investigation is yet to be completed and prays to dismiss this Criminal Original Petition. 6. Heard on both sides. This Court has perused the records. 7. Considering the fact that the occurrence took place in the year 2017 and petitioner herein is a Correspondent, taking note of the fact that the petitioner has permanent residence and deep roots in the Society and therefore, there is less possibility of absconding and with a view to give an opportunity to the petitioner to reform herself, this Court is inclined to grant an order of pre-arrest bail to the petitioner subject to the following conditions: (i) The petitioner shall be released on bail in the event of her arrest or in the event of her surrender before the learned Judicial Magistrate No.I, Dindigul, within a period of 15 days from the date on which the order copy is made ready, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand only) to the 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8089 of 2025 satisfaction of the learned Judicial Magistrate No.I, Dindigul; (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judicial Magistrate shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall make herself available for interrogation by a police officer as and when required; (iv) The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (v) The petitioner shall not leave India without the previous permission of the Court; (vi) Thereafter, the petitioner shall appear and sign before the respondent- Police weekly twice i.e., on every Saturday and Sunday at 10.00 a.m. until further orders; (vii) The petitioner shall furnish her residential address and mobile number to the learned Judicial Magistrate No.I, Dindigul; (viii) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses and shall not tamper the evidence; and 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8089 of 2025 (ix) On breach of any of the aforementioned conditions, concerned Magistrate, or Trial Judge as the case may be, is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283]. 8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra. sd/- 30/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. mbi TO 1.THE JUDICIAL MAGISTRATE NO.I, DINDIGUL. 2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.8089 of 2025 3.THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.E.K.KUMARESAN, Advocate ( SR-5188[I] dated 30/04/2025 ) ORDER IN CRL OP(MD) No.8089 of 2025 Date :30/04/2025 VN /27.05.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6 https://www.mhc.tn.gov.in/judis