Gunavathi Vs State Rep.by, The Inspector of Police

PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail to the petitioners, in the event of their arrest concerned in Cr.No.96 of 2025 on the file respondent police.

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For Petitioners : Mr.Sudhakar Kannusamy For Respondent : Mr.S.Udayakumar, Government Advocate (Crl.Side)

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Crl.OP.No.14427 of 2025

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O R D E R

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The petitioners herein apprehend arrest at the hands of the respondent police for the offences punishable under Sections 316(2), 316(4), 318(4), 126(2), 351(2) of BNS in Crime No.96 of 2025, on the file of the

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respondent Police, seek anticipatory bail.

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The case of the prosecution is that the petitioners who are ranked as A2 and A3, who are the mother and wife of A1. The 1^st accused was employed in the company of the defacto complainant and had misappropriated a huge amount of Rs.1,30,00,000/- and transferred the same to his own account and to the petitioners accounts. Hence, the case.

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The learned counsel for the petitioners submits that the petitioners

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were not involved in the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioners.

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4.The learned Govt. Advocate (Crl. Side) appearing for the respondent reiterated the prosecution case and submitted that after recording the affidavit filed by A1, this Court had granted anticipatory bail to him in Crl.O.P.No.15233 of 2025 dated 22.05.2025. However, he opposed for grant of anticipatory bail to the petitioner.

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5.Taking all the factors into consideration and also considering the

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fact that the main accused / A1 was granted anticipatory bail by this Court in Crl.O.P.No.15233 of 2025, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate – II, Panruti on condition that each of the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Thousand Five only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that

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[a] if the petitioners fail to surrender before the concerned Magistrate within a period of fifteen (15) days from the date on which the order copy made ready, this order shall stand automatically cancelled;

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[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

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their identity;

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[c] the petitioners shall report before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter, as and when required for the interrogation;

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[d] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283 ];

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

16.10.2025

smv

To

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