S. Gunasundari Vs The State of Tamilnadu

The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 296(b), 329(4) and 351(2) of BNS, 2023 r/w. Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.290 of 2025 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the accused had threatened the de-facto complainant with dire consequences. Hence, the case.

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The learned counsel for the petitioner submitted that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He also submitted that the de-facto complainant is the illegitimate wife of the petitioner's husband/A1, and that only in order to grab the property settled in favour of the petitioner, the de-facto complainant has lodged a false case against her. He further submitted that the petitioner's son has filed a civil suit against the petitioner's husband/A1 and the de-facto complainant before the learned District Munsif, Kulithalai in O.S.No.92 of 2025 seeking relief of partition, declaration and other reliefs, which is still pending. He however submitted that the petitioner is https://www.mhc.tn.gov.in/judis ready to abide by any conditions that may be imposed by this Court. Hence, he

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seeks anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) submitted that the issue pertains to a civil dispute, and that there are totally four accused persons in this case and the petitioner has been arrayed as A2. Other accused persons are still

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absconding. However, he opposed to grant anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case, and taking note of the fact that the issue pertains to a civil dispute, and that as the date of occurrence is 28.03.2025, by this time most of the investigation might have been completed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

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Accordingly, the petitioner is ordered to be released on bail in the event of her 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 Judicial Magistrate No.II, Kulithalai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to

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the satisfaction of the respondent Police or to the Police Officer, who intends to https://www.mhc.tn.gov.in/judis

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arrest or to the satisfaction of the learned Judicial Magistrate No.II, Kulithalai and on

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further conditions that:

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(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b) the petitioner shall furnish her residential address and mobile number to

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the learned Judicial Magistrate No.II, Kulithalai. In the event of any change in her residential address, the petitioner shall report the same to the learned Judicial Magistrate No.II, Kulithalai;

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(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(e) the petitioner shall not abscond either during investigation or trial;

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(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial https://www.mhc.tn.gov.in/judis

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Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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) AIR SCW 5560]; and;

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(g) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

sd/18/06/2025

/ TRUE COPY /

/07/2025

Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN