CRL A/1392/2026 of Manjula Vs The Deputy Superintendent of Police on 13 November 2026

JUDGMENT

The appellant has preferred the above appeal challenging the dismissal of their bail application filed in Crime No.190 of 2026 registered for the offences under Sections 329(4), 296(b), 333, 118(1), 109(1) and 351(3) of BNS, 2023 r/w. Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC and ST(POA) Act, 1989.

2. It is the case of the prosecution that the appellant/A1 had prior enmity with the victim because she thought that the victim had illicit affair with her husband/A4; that on 22.09.2026, when the victim was at home at about 07.17 p.m., the appellant along with her sons, entered the house of the victim and attacked her with stones and wooden logs and the victim sustained injuries; and thus, committed the aforesaid offences. The appellant was arrested on 23.09.2026 and she had moved a bail application before the trial Court, which came to be dismissed by the impugned order.

3. The learned counsel for the appellant would submit that the victim has been discharged from the hospital; that the appellant is in custody from 23.09.2026; that her further custody is not required for the purpose of investigation; and hence, prayed for grant of bail. __________

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CRL A No. 1392 of 2026

4. The learned Additional Public Prosecutor per contra submitted that the appellant and the victim had prior enmity; that the appellant along with her sons had attacked the victim with wooden logs, stones and hands and caused grievous injuries and that the victim has been discharged from the hospital.

5. Though several attempts were made to serve notice on the victim, the victim could not be served.

6. The learned Additional Public Prosecutor on instructions would submit that the first respondent and the VAO had gone to the house of the victim on several occasions and found that the door was locked and hence, the victim could not be served.

7. Since this is an appeal challenging the order rejecting bail and the notice to the victim could not be served in spite of best efforts, this Court is inclined to dispose of the appeal.

8. The appellant is said to have attacked the victim with hands, stone and wooden logs. The victim has been discharged from the hospital. Considering the nature of allegations, the period of incarceration and the fact that the appellant is a lady, this Court is of the view that further incarceration is not required for the __________

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CRL A No. 1392 of 2026 purpose of investigation. Hence, this Court is inclined to set aside the impugned order and release the appellant on bail on the following conditions;

(i) The appellant 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 Sessions Judge, Special Court for Exclusive Trial of Cases under SC/ST Act, Thiruvannamalai;

(ii) The appellant and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity;

(iii) the appellant shall appear before the trial Court on all hearings;

(iv) the respondent police is directed to ensure that there is no threat to the life and safety of the de-facto complainant. In the event of any threat, appropriate steps to be taken.

(v) the appellant shall not commit any offence of similar nature;

(vi) the appellant shall not abscond either during investigation or trial; __________

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CRL A No. 1392 of 2026

(vii) the appellants shall not tamper with evidence or witness either during investigation or trial;

(viii) on breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the appellant in accordance with law as if the conditions have been imposed and the appellant released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(ix) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 13-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG Note: Issue order copy on 13.11.2026. To

1. The Deputy Superintendent of Police Tiruvannamalai District.

2. The Inspector of Police Vettavalam Police Station, Tiruvannamalai District. Crime No.190 of 2026. __________

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3. The Special Court for Exclusive Trial of Cases under SC/ST Act, Thiruvannamalai.

4. The Superintendent, Central Prison, Vellore.

5. The Public Prosecutor, Madras High Court. __________

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CRL A No. 1392 of 2026 SUNDER MOHAN, J. TSG CRL A No. 1392 of 2026 13-11-2026 __________

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