Keerthana v. State Rep By, the Inspector of Police

ORDER This Criminal Original Petition has been filed by the petitioners on

19.05.2024 under Section 482 of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023, praying to grant an order of pre-arrest bail. Page2 of 6

¶2The petitioner /Accused rank no known, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b) & 118(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in Crime No. 262 of 2026, on the file of the respondent police.

¶3The case of the prosecution is that the petitioner, who was previously acquainted with the defacto complainant through his mother in law, questioned the defcato complainant for speaking with his mother in law, leading to a verbal altercation. During the quarrel, the petitioner allegedly assaulted the defacto complainant with her hands and wooden log, causing injuries that required hospitalization, Hence, the case.

¶4Mr.W.Camyles Gandhi, learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner and the defacto complainant are known to each other and she is ready to abide any conditions to be imposed by this Court. Accordingly, he prays to grant an order of pre-arrest bail to the petitioner.

¶5Mr.C.R.Malarvannan, learned Additional Public Prosecutor appearing for the respondent Police submits that the petitioner and the de facto Page3 of 6 complainant were previously acquainted. A verbal altercation erupted when the petitioner questioned the defacto complainant for speaking with his mother in law. The dispute escalated when the petitioner physically assaulted the defacto complainant using her hands and a wooden log. The injured was admitted and discharged on the same day of occurrence. There is no previous case against the petitioner. He further submits that the investigation of the case is still pending and therefore, at this stage, if the pre-arrest bail is granted to the petitioner, she will commit similar type of offence. Hence he prays to dismiss this Criminal Original Petition.

¶6Heard on both sides. This Court has perused the records.

¶7Considering the above facts and circumstances of the case; the nature of the offences alleged to have committed by the petitioner; the fact that except the offence under Section 118(1) of the Bharatiya Nagarik Suraksha Sanhita

(BNSS), 2023 the other offences are bailable in nature; the fact that there is no previous case against the petitioner and also the fact that the injured person was discharged from the hospital, 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-V, Coimbatore within a period of 15 days from today, on her executing a bond for a sum of Page4 of 6 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 satisfaction of the learned Judicial Magistrate-V, Coimbatore ;

(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-V, Coimbatore shall obtain a copy of any one of identity proofs to ensure their identity;

(iii) The petitioner shall appear and sign before the respondent police, weekly twice i.e., Monday and Friday at 10.00 a.m, until further orders;

(iv) The petitioner shall make herself available for interrogation by police as and when required;

(v) 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 them from disclosing such facts to the Court or to any police officer;

(vi) The petitioner shall not enter into the defacto complainant's house and workplace; and

(vii) On breach of any of the aforementioned conditions, the learned Judicial Magistrate-V, Coimbatore or Trial Court 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]. Page5 of 6

¶9Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22.05.2026 Index : Yes/No Internet : Yes/No jrs/mtl Note:-

1.Registry is directed to forthwith upload this order in the official website of this Court.

2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. To

¶1The Judicial Magistrate-V, Coimbatore .

¶2The Inspector of Police Perianaickenpalayam Police Station, Coimbatore District. (Crime No 262/2026)

3.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o13555oofo2026 R.SAKTHIVEL,oJ. JRS CRLoOPoNo.o13555oofo2026 22-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-05-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL Keerthana No.9/1, Thentral Nagar, Ii Street, Narasimanaikenpalayam, Goundampalayam, Coimbatore District ..Petitioner/Accused rank not known. Vs State rep by, The Inspector of Police Perianaickenpalayam Police Station, Coimbatore District. (Crime No 262/2026) ..Respondent/ complainant PRAYER: Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on the bail in the event of her arrest in Crime No.262/2026, on the file of the respondent police and thus render justice. For Petitioner: Mr.W.Camyles Gandhi For Respondent(s): Mr. C.R.Malarvannan, Additional Public Prosecutor