Mohanambal Alice Mohana v. The State Represened by the Inspector of Polcie

ORDER The petitioner apprehends arrest for the alleged offences under Sections 126(2), 296(b), 115(2), 118(1) and 351(3) of BNS, 2023 in Crime No.90 of 2026 on the file of the respondent police seeks anticipatory bail. Page2 of 6

¶2The case of the prosecution is that due to previous enmity, the accused persons abused the defacto complainant's son in filthy words and assaulted him with wooden log, iron rod, hands and legs and caused injuries to him and also threatened him with dire consequences.

¶3The learned counsel for the petitioner submitted that the petitioner is a woman. Due to previous enmity, a false case has been foisted against the petitioner and that she has not committed any offence as alleged by the prosecution.

¶4Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that the injured discharged from the hospital and also submitted that the no previous case is pending as against this petitioner. However, he opposed to grant anticipatory bail to the petitioner.

¶5I have given my anxious consideration to either side submissions.

¶6Considering the nature of the allegations and the fact that the occurrence took place on 21.04.2026 between the neighbours, and the fact that there is no criminal antecedent against the petitioner and the petitioner being a Page3 of 6 woman, at this length of time, this Court is of the firm view that, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to enlarge the petitioner on anticipatory bail, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.II, Mettur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two suretieseach, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a)If the petitioner fails to surrender before the concerned learned 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 slip (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 petitioner shall report before the respondent police as and when required; Page4 of 6

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on anticipatory 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];

(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 06-07-2026 Index: Yes/No Speaking/Non-speaking order MFA Page5 of 6 To

¶1The Judicial Magistrate No.II, Mettur.

¶2The Inspector of Police Jalakandapuram Police Station, Salem District.

¶3The Public Prosecutor, High Court, Chennai. CRLoOPoNo.o17160oofo2026 C.KUMARAPPAN,oJ. MFA CRLoOPoNo.o17160oofo2026 06-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mohanambal @ Mohana W/o. Murugesan, Residing at NO.2/160, Sodaiyur, Ariyampatti, Selavadi Post, Omalaur Taluk, Salem District-636 501. ..Petitioner Vs The State Represented by The Inspector of Police Jalakandapuram Police Station, Salem District. Crime No.90 of 2026. ..Respondent PRAYER: This Criminal Original Petition is filed under Section 482 BNSS praying to enlarge the petitioner/ Accused NO.3 on Anticipatory bail in the event of her arrest in Crime NO.90 of 2026 on the file of the respondent police. For Petitioner(s): Mr.A Kalimuthu For Respondent(s): Mrs.R.S.Indira Government Advocate (Crl.Side)