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2025 DAILYLAW 159076 (MAD)

Sowndarraj v. The State of Tamil Nadu

CRL OP(MD)/14136/2025 · 2025-09-15

S Srimathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP(MD). No.14136 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.14136 of 2025 1.Sowndarraj 2.Muthulakshmi ... Petitioners Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Gandamanur Police Station, Theni District. (Crime No.144 of 2025) ... Respondent/Complainant For Petitioners : Mr.S.Balaji Advocate. For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For Intervenor : Mr.D.Senthil PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.144 of 2025 on the file of the Respondent Police. 1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14136 of 2025 ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 194 of BNSS @ 108 BNS in Crime No.144 of 2025 on the file of the respondent police, seek anticipatory bail. 2. The case of the prosecution is that the defacto complainant is the wife of the deceased, namely, Pandianrajan, who was working as a driver in milk van. On 11.08.2025, due to stomach pain, her husband did not go to work. On that day, the deceased took a selfi and sent it to his sister. In this regard, his sister contacted the defacto complainant and informed her about the same. Subsequently, the defacto complainant broke open the door and found that her husband had committed suicide by hanging. Hence, the case. 3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the 2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14136 of 2025 petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seeks anticipatory bail to the petitioners. 4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the investigation is still pending. Hence, he opposed for grant of anticipatory bail to the petitioner. 5.The learned counsel appearing for the intervenor submitted that there is a pathway dispute between the family of the petitioner and accused. Due to the mental torture inflicted by the accused, the deceased committed suicide on 11.08.2025. Hence, he opposed for grant of anticipatory bail to the petitioner. 6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the second petitioner alone with certain conditions. As far as the first petitioner is concerned, the first petitioner is directed to surrender before the learned Judicial Magistrate, Aundipatti, Theni District and submit a bail application. On such 3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14136 of 2025 application, the learned Judicial Magistrate shall consider the same on its merits and in accordance to law on the same day. 7.Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on her appearance, on condition that the second petitioner shall execute 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 Judicial Magistrate, Aundipatti, Theni District, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that: [a]the second 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 second petitioner shall report before the respondent police as and when required for interrogation. orders. [c]the second petitioner shall not tamper with the 4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14136 of 2025 evidence or witness either during investigation or trial. [d]the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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. (S S Y J) 15.09.2025 cp S.SRIMATHY,J 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.14136 of 2025 cp To 1.The Judicial Magistrate, Aundipatti, Theni District. 2.The Inspector of Police, Gandamanur Police Station, Theni District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD)No.14136 of 2025 15.09.2025 6/6 https://www.mhc.tn.gov.in/judis