Allowed

P.Nirosha v. State Rep. by the Inspector of Police

Madras HC16 Dec 2024CRL OP/31266/2024

Case brief

AI extract

What is this about?

The High Court, Madras granted anticipatory bail to the petitioner in a criminal case involving assault charges under the BNS. The court imposed strict conditions including surrendering within 15 days, reporting daily to police, and executing a bond with sureties.

What did the court decide?

Anticipatory bail granted subject to execution of bond with sureties, reporting to police, and adherence to specified conditions.

P.Nirosha Vs State Rep. by the Inspector of Police — Anticipatory Bail | Madras HC (2024)

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Crl.O.P.No.31266 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16-12-2024

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CORAM

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THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

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CRL OP NO. 31266 of 2024

P.Nirosha

Petitioner(s)

The State Rep by The Inspector Police, D2, Anna Salai Police Station, Chennai. Cr.No.217 of 2024

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Respondent(s)

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For Petitioner(s): Mr.Raja C

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For Respondent(s): Mr.S.Santhosh Government Advocate (Crl.Side)

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ORDER

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Apprehending arrest in connection with Crime No.217 of 2024 registered for the offences punishable under Sections 126(2), 296(b), 115(2), 118(1), 125, 109 and 351(3) of BNS, the present petition has been filed by the petitioner seeking anticipatory bail.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.31266 of 2024

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Pleading innocence on the part of the petitioner, false implication in the case, learned counsel for the petitioner seeks indulgence of this Court. He further submits that the incident happened, since the petitioner was aggrieved by her brother's death and that she is ready to abide by any stringent condition that may be imposed by this court.

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3.The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that due to previous enmity, the petitioner along with other accused assaulted the defacto complainant with knife, due to which, the defacto complainant sustained injuries. He would submit that the injured has been discharged from the hospital. He would also submit that the petitioner has got one previous case.

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4.Having heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent Police and perused the materials available on record and also considering that the injured

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Page No.2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.31266 of 2024

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discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions and accordingly, she is ordered to be released on bail in the event of arrest or on her appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned II Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees

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Ten Thousand only), with two sureties each 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:

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[a] the 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 Aadhar card or Bank pass Book to ensure their identity.

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[b]the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter every Saturday at 10.30 a.m until further orders.

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[c] the petitioner shall not tamper with evidence or

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.31266 of 2024

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witness either during investigation or trial.

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A.D.JAGADISH CHANDIRA, J.

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Anu

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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].

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 B.N.S.

16.12.2024

Anu

The II Metropolitan Magistrate, Egmore, Chennai

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2.The Inspector Police, D2, Anna Salai Police Station, Chennai..

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Crl.O.P.No.31266 of 2024

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Page No.4 of 4

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https://www.mhc.tn.gov.in/judis

P.Nirosha v. State Rep. by the Inspector of Police

Case brief

What is this about?

What did the court decide?

P.Nirosha v. State Rep. by the Inspector of Police

Case brief

What is this about?

What did the court decide?

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