Anticipatory bail granted to a woman considering her son’s assault and the existence of a counter-case.

The applicant, Smt. Nirmala Namdev, apprehended arrest in Crime No. 106/2026 registered at Police Station Pondi, District M.C.B., for offences under Sections 296, 115(2), 118(1), 118(2), 351(2), 3(5) and 333 of the Bharatiya Nyaya Sanhita, 2023, and filed her first anticipatory-bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The prosecution alleged that, on 1 July 2026, Kalim was assaulted near GM Complex, Podi Bazaar, after he demanded the return of certain documents from Priya Kumari. According to the report, Priya assaulted Kalim and her brother Nikhil Namdev attacked him with a shovel, causing injuries to his hands and temple.

The applicant contended that she was innocent, had been falsely implicated, and that her son had assaulted the injured person; it was also submitted that a counter-case had been registered.

The State opposed the application.

1. Whether the applicant, who apprehended arrest in connection with the offences alleged under the BNS, was entitled to anticipatory bail under Section 482 of the BNSS.

2. Whether the applicant’s status as a woman, the alleged role of her son, and the existence of a counter-case justified extending protection from arrest.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant anticipatory bail to a person apprehending arrest for a non-bailable offence, subject to appropriate conditions.

The Court also considered the allegations under Sections 296, 115(2), 118(1), 118(2), 351(2), 3(5) and 333 of the Bharatiya Nyaya Sanhita, 2023.

In exercising its discretion, the Court considered the overall facts and circumstances, including the applicant’s status as a woman, the alleged assault by her son, and the registration of a counter-case.

The Court found that the circumstances justified pre-arrest protection.

Although the prosecution case concerned an assault in which Priya and Nikhil were allegedly involved, the applicant asserted that her son was the assailant and that she had been falsely implicated.

The Court also took into account that the applicant was a woman and that a counter-case had been registered. On this cumulative assessment, the Court concluded that the applicant had made out a case for anticipatory bail.

The Court directed that, in the event of her arrest, Smt. Nirmala Namdev be released on anticipatory bail upon executing a personal bond with one surety in the like amount to the satisfaction of the Arresting Officer.

The relief was subject to conditions prohibiting inducement, threats or promises to witnesses; conduct prejudicial to a fair and expeditious trial; non-appearance before the trial court; submission and verification of Aadhaar-card copies and photographs of the applicant and sureties; and involvement in any similar offence in future.