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Madras High CourtCRL OP(MD)/22373/2025granted

Gunasekar v. State Of Tamilnadu Rep By

2026-03-25Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Gunasekar

...Petitioner/Accused No.1

Vs State of Tamil Nadu rep. by The Inspector of Police, All Woman Police Station Valliyoor, Tirunelveli District.

(Crime No. 89 of 2025)

...Respondent/Complainant

For Petitioner :Mr.C.Susi Kumar Advocate.

For Respondent :Mr.M.Karunanithi Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Cr.No. 89 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent for the offences punishable under Sections 296(b), 115(2) and 316 of BNS, Act, 2023, in Crime No.89 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and the defacto complainant are husband and wife. The marriage between the petitioner and the defacto complainant was solemnized o 29.06.2023. At the time of marriage, the petitioner gave sreedhana articles and and cash of Rs.1,50,000/-. Out of wed lock, a female child was born to them. Thereafter, the petitioner and the his family members demanded additional dowry. On 12.11.2025, the petitioner 2/7

along with his mother abused and assaulted her and caused injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he was falsely implicated in this case and he is no way connected in the above said incident. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) fairly submits that the petitioner has no previous cases and the injured person has been discharged from the hospital. However, he opposes to grant anticipatory bail to the petitioner.

5. Heard both sides and perused the materials available on record.

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6. Considering the rival submissions on either side and the nature of offences charged against the petitioner and the relationship between the parties and also considering the fact that no previous case is pending against the petitioner and the injured person has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on anticipatory bail on condition to 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 learned Judicial Magistrate, Valliyoor, and on further conditions that:

[b] the petitioner shall report before the respondent police once in a week ie., on Every Saturday at 10.30 4/7

a.m., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not commit any offences of similar nature.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 petitioners 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 5/7

SCW 5560].

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

(P D B J) 25.03.2026 vsg To 1.The Judicial Magistrate, Valliyoor.

2.The Inspector of Police, All Woman Police Station Valliyoor, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J., vsg

ORDER

IN CRL OP(MD) No. 22373 of 2025 Date : 25.03.2026 7/7