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Madras High CourtCRL OP/31898/2025granted

J.Thirupurasundari v. State Rep By The Inspector Of Police

2025-11-24Honourable Mr.Justice K.Rajasekar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.31898 of 2025 J.Thirupurasundari ... Petitioners Vs.

State Rep. by: The Inspector of Police, J-8 Neelankarai Police Station, Chennai City.

... Respondent (Crime No.211 of 2025) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No.211 of 2025 on the file of the respondent police. For Petitioner : Mr.Saravanan For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

O R D E R

The petitioner, who was apprehending arrest at the hands of the respondent police for the offences punishable under Sections 194 of BNS after alter F.I.R. under Sections 194, 296(b) & 108 of BNS, in Crime No.211 of 2025, seeks anticipatory bail.

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2. The case of the prosecution is that the defacto complainant's husband, Kanagaraj, a mason for over 20 years, was threatened by one Premkumar and the petitioner and abused for his conduct and nature of work committed, and unable to bear the insult, he committed suicide by hanging. Hence the case.

3. The learned counsel for the petitioner submitted that the first accused has already been arrested and that the petitioner, being a lady, has not abused or insulted the victim. Hence, he prayed for grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl Side) appearing for the respondent police reiterated the prosecution case and that the investigation is still in progress. Hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, the submissions made by learned counsels on either side, the fact that the petitioner is a lady and, the main allegation being only against the first accused, and the investigation has not been completed, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 2/6

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Sholinganallur, on condition that the petitioner 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 Magistrate concerned, and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

[b] 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 their identity;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

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K.RAJASEKAR , J.

kmm [d] 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 herself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24.11.2025 kmm To

1. The District Munsif cum Judicial Magistrate, Sholinganallur.

2. The Inspector of Police, J-8 Neelankarai Police Station, Chennai City.

3.The Public Prosecutor, High Court of Madras.

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