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Madras High CourtCRL OP/36045/2025granted

R Gowri v. The State Rep By, The Inspector Of Police

2026-01-12Honourable Mr.Justice K.Rajasekar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.36045 of 2025 R.Gowri W/o.Manikandan ... Petitioner/ A2 Vs The State of Tamil Nadu Rep. By, The Inspector of Police, Perumbakkam Police Station, Pallikaranai, Chengalpattu - 600131 (Crime No.171 of 2025) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent in Crime No.171 of 2025 on the file of the respondent police.

For Petitioner : Mr.Ragesh Bhagavath For Respondent : M/s. J.R. Archana Government Advocate (Crl.Side) ******

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 194(3)(i) of the BNSS Act, 2023, equivalent to Section 174 of Cr.P.C. in Crime No.171 of 2025 on the file of the respondent Police, seeks anticipatory bail. 1/5

2.

The case of the prosecution is that on 07.05.2025, the deceased who is the husband of the petitioner has committed suicide by hanging unable to bear the illegal relationship between A1 and A2. Hence, the case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case, she was not in the scene of occurrence; and that the petitioner is ready to abide by any conditions that may be imposed by this Court, hence sought for anticipatory bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent police while opposing the anticipatory bail to the petitioner reiterated the prosecution case and submitted that as per the complaint, unable to bear the illegal relationship of the accused persons, the deceased has committed suicide and that there is no previous case as against the petitioner and that the investigation of this case is pending. 5.

Considering the submissions made, facts and circumstances of this case, nature of allegation, that the petitioner is alleged to be concubine of the first accused and that she is not directly involved in the death of the victim in this case and since custodial interrogation of the petitioner herein 2/5

is not necessary for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate Court No.II, Alandur, on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen 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 copy of this order, this Order shall stand automatically cancelled;

[b] the sureties shall affix their 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 3/5

thereafter, as and when required for interrogation; [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 himself 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.

12.01.2026 ssa 4/5

K. RAJASEKAR, J.

ssa To

1. The Judicial Magistrate Court No.II, Alandur.

2. The Inspector of Police, Perumbakkam Police Station, Pallikaranai, Chengalpattu - 600131 (Crime No.171 of 2025)

3. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.36045 of 2025 12.01.2026 5/5