B.Vanmozhi vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 22.07.2026 for the alleged offences punishable under Sections 191, 296(B), 126, 115, 109, 132 and 151 of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.363 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with her friends, had assaulted the de facto complainant and also used filthy language against him. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is a woman, arrayed as Accused No.6 in this case, and has been in continuous judicial custody since 22.07.2026. He further submitted that no specific overt act has been attributed to the petitioner. The primary allegations of assault are directed only against the first accused (A1), and the petitioner was merely present at the place of occurrence. He also drew the attention of this Court to the fact that the injured person has already been discharged from the hospital. Taking into consideration the gender of the petitioner and the lack of overt acts, he prayed for the grant of bail.

The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioner, submitting that the allegations against the petitioner are serious in nature and the investigation is still pending. However, he admitted the fact that the injured person has already been discharged from the hospital.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police, and perused the materials available on record.

Considering the facts and circumstances of the case, and taking note of the fact that the petitioner is a woman, no specific overt act is attributed to her, she has been in custody since 22.07.2026, and the injured person has already been discharged from the hospital, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial Magistrate No.1, Ponneri, and on further conditions that:

[a] the sureties shall affix her 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 the identity proofs to ensure her identity;

[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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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