Rathinammal Vs The State of Tamil Nadu represented by

PRAYER: This Criminal Original Petition is filed under Seciton 482 of BNSS, 2023, to grant Anticipatory Bail to the petitioner in the event of her arrest or surrender in connection with the case in Cr.No.167 of 2026, on the file of the respondent police and thus render justice.

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For Petitioner(s): Mr.S.V.Karthikeyan For Respondent(s): Ms.R.S.Indira Government Advocate (Crl.Side)

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ORDER

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The petitioner apprehends arrest for the alleged offences under Sections

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296(b), 115(2), 118(1) and 351(3) of the Bharatiya Nyaya Sanhitha 2023, in

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Crime No.167 of 2026 on the file of the respondent police seeks anticipatory bail.

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

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CRL OP No. 14390 of 2026

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. The case of the prosecution is that the petitioner along with other

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accused have trespassed into the defacto complainant’s land and when the same was prevented by the defacto complainant, the accused assaulted the defacto complainant with weapons and thereby the defacto complainant sustained injuries.

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3. The learned counsel for the petitioner submitted that due to land dispute between the parties, wordy quarrel arose between them and the defacto complainant attacked the petitioner’s husband with wooden log. Hence, the petitioner has given a complaint before the respondent Police. As a counterblast, the defacto complainant has given a complaint as against the petitioner and others. The petitioner has not committed any offence as alleged by the prosecution. He further submitted that A1 to A3 were already released on bail. The petitioner is A4.

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4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and, upon instructions, submitted that due to land dispute, on the date of the occurrence, the petitioner along with other accused assaulted the defacto complainant with weapons, thereby causing injuries to him. He further submitted that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

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

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CRL OP No. 14390 of 2026

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

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6. Considering the nature of the allegations and the petitioner being a woman, and the fact that the occurrence took place on 17.05.2026 and upon 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.

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7. Accordingly, 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.-I, Tirupattur on condition that the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

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(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;

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(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form

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

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CRL OP No. 14390 of 2026

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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;

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(c) The petitioner shall report before the respondent police as and when required;

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(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];

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(e) If the petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

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08-06-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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MFA

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