S Subramanian v. The State Rep By, the Inspector of Police

ORDER The petitioners, who apprehend arrest for the alleged offence under Sections 85, 296(b) of BNSS, 2023 and Section 4 of Dowry Prohibition Act, 1961 in Cr.No.8 of 2026, on the file of the respondent police seek anticipatory bail.

¶2The case of the prosecution is that the petitioners herein are the parents-in-law of the defacto complainant in this case. The marriage solemnized between the first accused and the defacto complainant had taken place in the month of September 2024. After the marriage, these petitioners have demanded additional dowry of 70 sovereigns of gold jewels and also Rs.60,00,000/- . Hence, there is a harassment and subsequently, the defacto complainant was also went to United States of America and there she lived along with her husband/A1 in this case. During such stay, she has been subjected to various harassment, which lead to the registration of an FIR. Hence, the present case.

3.The learned counsel appearing for the petitioners submitted that the the alleged appearance had taken place as early as in the month of January 2025 and it is a false accusation and they are only parents-in-law and the majority of the allegations is only against A1. He further submitted that the petitioners are ready to cooperate with the investigation. Hence, he prayed for grant of anticipatory bail to the petitioners.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the FIR was registered only recently and investigation in this case is pending .

Hence, he vehemently opposed for the grant of anticipatory bail to the petitioners.

¶5I have also gone through the FIR and other connected materials and the allegations as against these petitioners that the petitioners herein have demanded additional dowry, I am of the view that to investigate this case of this nature, the custodial interrogation of the petitioners are not necessary. Though investigation in this case is pending and no previous cases reported against the petitioners, I am inclined to grant anticipatory bail to the petitioners, subject to certain conditions.

¶6Accordingly, 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, before the learned Judicial Magistrate-II, Hosur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each for a like sum to the satisfaction learned Magistrate concerned, and on further condition that:

(a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent police daily at 10.30a.m., for a period of two weeks and thereafter, as and when required for interrogation;

(d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e)If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

09.02.2026 Vv To

¶1The Judicial Magistrate-II, Hosur.

¶2The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

3.The Public Prosecutor High Court of Madras, Chennai 600 104.

K.RAJASEKAR

, J.

Vv

Crl.O.P.No.2948 of 2026

09.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.2948 of 2026 1. S.Subramanian 2. Aparna Rao ... Petitioners Vs. State by Inspector of Police, All Women Police Station, Hosur, Krishnagiri District. ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioners on bail, in the event of their arrest, in connection with Cr.No.8 of 2026, pending on the file of the respondent police. For Petitioners : Mr.K.Shanker For Respondent : Ms.J.R.Archana Government Advocate (Crl.side)