Thavulathnisha vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 10.11.2025, for the alleged offence punishable under Section 296(b), 115(2), 118(1), 351(3) and 109 of BNS in Crime No.516 of 2025, on the file of the respondent police, seeks bail.

The allegation against this petitioner is that, the petitioner is ranked as A1, she joined hands with other accused, due to previous enmity attacked the defacto complainant with knife and caused severe injuries. Hence, the case has been registered and the petitioner was arrested.

The learned counsel appearing for the petitioner submitted that the petitioner is mother of the other accused and she has been falsely implicated in this case and is ready to co-operate with the trial process. He further submitted that injured discharged from the hospital. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is having 3 previous cases and the injured discharged from the hospital. Hence, he opposed to grant bail to the petitioner.

Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital and though it is stated that the petitioner is having 3 previous cases, the petitioner is being a lady and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate-V, Coimbatore, and on further conditions that:-

[a] 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;

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of four weeks.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[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];

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