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2025 DAILYLAW 46541 (MAD)

Meenampal v. The State, rep by

CRL OP/10641/2025 · 2025-04-09

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.10641 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.04.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.OP.No.10641 of 2025 Meenampal ... Petitioner(s) /Accused - 2 Vs. The State rep by The Inspector of Police, Avinankudi Police Station, Cuddalore District. ... Respondent(s)/ Complainant Crime No.40 of 2025 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on anticipatory bail in the event of her arrest in Crime No.40 of 2025 pending investigation on the file of the respondent police. For petitioner(s) : Mr.S.Dilli Ganesh For Respondent(s) : Mr.S.Balaji Page No.1 of 7 https://www.mhc.tn.gov.in/judis Crl.OP.No.10641 of 2025 Government Advocate (Crl.Side) O R D E R The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 118(1), 127(6) and 351(3) of BNS, 2023 and Section 4 of TNPHW, 2002 in Crime No.40 of 2025 seeks anticipatory bail. 2. The case of the prosecution is that, on account of prior enmity, the first accused attacked the defacto complainant and abused her in filthy language. The petitioner, who is the mother of the first accused, seeks anticipatory bail. 3. The learned counsel appearing for the petitioner submitted that the allegations are false; and that in any case, custodial interrogation is not required and sought for anticipatory bail to the petitioner. 4. The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of anticipatory bail to the petitioner, reiterated the prosecution case and on instructions submitted that injured has Page No.2 of 7 https://www.mhc.tn.gov.in/judis Crl.OP.No.10641 of 2025 been discharged from the hospital; and that the petitioner has no bad antecedents. 5. Considering the nature of allegations, the fact that the injured has been discharged from the hospital; the petitioner has no bad antecedents and since, custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate Court, Thittakudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner and the sureties shall affix their photographs and Left Page No.3 of 7 https://www.mhc.tn.gov.in/judis Crl.OP.No.10641 of 2025 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 petitioner shall appear before the respondent police daily at 10.30 a.m; [c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the 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 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. 09.04.2025 Page No.4 of 7 https://www.mhc.tn.gov.in/judis Crl.OP.No.10641 of 2025 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No Internet: Yes/No skr To 1. The Inspector of Police, Avinankudi Police Station, Cuddalore District. 2. The Public Prosecutor, Madras High Court, Chennai. 3. Judicial Magistrate Court, Thittakudi Page No.5 of 7 https://www.mhc.tn.gov.in/judis Crl.OP.No.10641 of 2025 SUNDER MOHAN, J. skr Crl.OP.No.10641 of 2025 Page No.6 of 7 https://www.mhc.tn.gov.in/judis Crl.OP.No.10641 of 2025 09.04.2025 Page No.7 of 7 https://www.mhc.tn.gov.in/judis