Gurusamy v. State Of Tamilnadu Rep By Inspector Of Police, Maraneri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.12.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Gurusamy 2.Ramalakshmi ... Petitioners/A1 & A2 Vs The State of Tamil Nadu Rep.By, the Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.273 of 2025) ... Respondent/Complainant For petitioners : Mr.R.Jagadeeshwaran Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.273 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 296(b), and 115(2) BNS and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.273 of 2025 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is the defacto complainant's son died due to cardiac arrest. The 2nd petitioner is the daughter - in - law of the defacto complainant. After the death of their son their daughter - in - law live with her parents along with their grandchildren and now allowed them to see their grandchildren. On 22.10.2025 at 05.15 p.m., when the defacto complainant parties went to see their grandchildren, there was wordy quarrel arose. In which, both sides made assault upon each other. Therefore there was simple injuries. The 1st petitioner abused the defacto complainant's wife in filthy language and also criminally intimidated them. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the 2/6

petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court. Hence, he seek anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

6. Accordingly, this Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with 3/6

two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioners shall report before the respondent police as and when required for the interrogation;

[c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners is released on bail by the learned 4/6

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 accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 15.12.2025 TM To 1.The Judicial Magistrate No.I, Sivakasi, Virudhunagar District.

2.The Inspector of Police, Maraneri Police Station, Virudhunagar District.

(Crime No.273 of 2025)

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

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S.SRIMATHY,J.

TM

ORDER

IN 15.12.2025 6/6