Navammal vs State

C.Kumarappan, J

The petitioner apprehends arrest for the alleged offence under Section 194(1) of BNSS, in Crime No.26 of 2026 on the file of the respondent police seeks anticipatory bail.

The case of the prosecution is that the petitioner along with A1, without obtaining permission from the T.N.E.B, had put up electric fence around his field for protection and at that time, father of the defacto complainant came into contact with it and died due to electrocution. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and submitted that she has no role in the alleged complaint and the entire allegation was only against her husband. Hence, he prays to grant anticipatory bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the husband of the petitioner was arrested and released on bail.

Considering the peculiar circumstances that A1 in this case has been arrested and released on bail and the petitioner being a women and the FIR registered on 28.01.2026, at this length of time, custodial interrogation of the petitioner is not required. Hence, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Gingee, on condition that the petitioner shall execute a 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 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 ship (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 daily at 10.30 am for a period of two weeks and thereafter as and when required;

(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 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.