G. Ganesan v. The State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI G. Ganesan S/o.Govindhasamy, Residing at, No.28, 4TH West cross Road, Gandhi Nagar, Vellur-632006 Petitioner(s) Vs The State Represented by, The Inspector of Police All Women Police Station, Cuddalore.

(Crime No.38 of 2025) Respondent(s) PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the Petitioner/Accused No.4 on bail in the event of arrest pending investigation in Crime No. 38 of 2025 on the file of the Respondent police. For Petitioner(s):

Mr.K R Samratt For Respondent(s):

Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 498(A), 294(b), 506(1) of IPC and Section 6 of Dowry Prohibition Act, 1961, in Crime No.38 of 2025 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the wife of A1. A1 had illegal affair and when the same was questioned by the defacto complainant, the husband of the defacto complainant/A1 and her in-laws abused her in filthy language and also attempted to attack her. Hence, the defacto complainant went to her parental home. Further, when the defacto complainant asked them to return her Seedhana articles, accused threatened her with dire consequences. Hence, this case.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. The petitioner is the defacto complainant's father-in-law's younger brother's son and he has been falsely implicated in this case as if he also scolded the defacto complainant. Hence, he prayed to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police raised objections by reiterating the prosecution case.

5. It is seen that the there was a matrimonial dispute between A1 and the defacto complainant. The petitioner/A4 is the defacto complainant's father-inlaw's younger brother's son and he is aged 64 years.

6. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions:

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Additional Mahila Court, Cuddalore, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner and 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 respondent police as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 petitioner thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Additional Mahila Court Cuddalore

2. The Inspector of Police All Women Police Station, Cuddalore.

3. The Public Prosecutor High Court of Madras, Chennai

T.V.THAMILSELVI J.

ksa-2 CRL OP No. 21888 of 11-09-2025