Baba v. The State Represented by Inspector of Police

ORDER The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 296(b), 127(2), 85, 118, 351(3), 109(1) of BNS, Section 3 of Tamil Nadu Prohibition of Women Harassment Act, and Section 4 of Dowry Prohibition Act, in Crime No.122 of 2025, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that A1, the husband of Narkhis pushed her from the first floor of the house, whereas the petitioners state that they are the in-laws of the said Narkhis and they have not committed any alleged crime.

¶3Heard the learned counsel on both sides and perused the materials available on record.

¶4Considering the fact that the FIR has been lodged after 40 days of the said incident and investigation was almost completed. This Court is of the view that custodial interrogation of the petitioners are not required. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

¶5Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of 10 (ten) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate (Additional Mahila), Vellore on condition that the petitioners shall execute a separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that: [a] If the petitioners failed to surrender before the concerned Magistrate, within a period of 10 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 ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [c] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283]; [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 25-08-2025 jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

¶1Judicial Magistrate (Additional Mahila), Vellore.

¶2The Inspector of Police, Ariyur P.S. Tamil Nadu. (Crime No. 122 of 2025).

3.The Public Prosecutor, High Court of Madras. Dr.G.JAYACHANDRAN J. jd CRL OP No. 23349 of 2025

25-08-2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-08-2025 CORAM THE HONOURABLE DR JUSTICE G. JAYACHANDRAN 1. Baba S/o.Shek Mohammed No.2/464, Rottu Street SolavaramVillage and Post Venbakkam Taluk, Thiruvannamalai District, Tamil Nadu. 2. Shakila W/o. Baba, No.2/464, Rottu Street, Solavaram Village and Post Venbakkam Taluk, Thiruvannamalai District, Tamil Nadu. Petitioner(s) Vs The State represented by Inspector of Police, Ariyur P.S. Tamil Nadu. (Crime No. 122 of 2025). Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on Anticipatory bail in the event of their arrest in Crime No. 122 of 2025 on the file of the Inspector of Police, Ariyoor police station. For Petitioner(s): Mr.Thamaraiselvan R For Respondent(s): Mr.S.Udayakumar, Government Advocate (Crl. Side)