Ganesh Prabhu v. The State Rep by the Inspector of Police

ORDER The petitioners apprehend arrest for the alleged offence under Section 85 of B.N.S, 2023, in Crime No.28 of 2026 on the file of the respondent Police seek anticipatory bail.

¶2The case of the prosecution is that the first petitioner is the husband and the second petitioner is the mother-in-law of the defacto-complainant. During a family dispute, the petitioners allegedly abused the defacto-Page2 of 4 complainant using filthy language and demanded dowry from her. Further, it is alleged that the first petitioner sent the defacto-complainant to her parental home in the year 2020 and have not taken her back to the matrimonial home. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the first petitioner married the defacto-complainant in the year 2018. The occurrence took place in the year 2020, whereas the First Information Report was registered in the year 2026. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that the issue arises from alleged cruelty meted out to the defacto-complainant regarding a dowry demand. Hence, he opposed the grant of anticipatory bail to the petitioners.

5.Considering the fact that this is a case of matrimonial discord and that the second petitioner is the mother-in-law, this Court is of the firm view that the custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners, subject to certain conditions. Page3 of 4

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 is made ready, before the Judicial Magistrate Court I, Pollachi, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioners fail to surrender before the concerned learned 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 first petitioner shall report before the respondent police daily at 10.30 a.m. for a period of one week; thereafter as and when required for interrogation; the second petitioner shall report before the respondent Police 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 Page4 of 4

C.KUMARAPPAN, J. laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act. 27-07-2026 ep To

1.The Judicial Magistrate Court I, Pollachi.

2.The Inspector of Police All Women Police Station, Pollachi, Coimbatore District.

3.The Public Prosecutor High Court of Madras.

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN 1. Ganesh Prabhu 2. K.Deivanai ..Petitioner(s) Vs The State Rep by The Inspector of Police All Women Police Station, Pollachi, Coimbatore District. Crime No.28 of 2026. ..Respondent(s) Prayer:- Criminal Original Petition is filed under Section 482 of BNSS Act, 2023, pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.28 of 2026 pending investigation on the file of the Respondent Police. For Petitioner(s): Mr.M.N.Balakrishnan For Respondent(s): Mr.N.Palanivel Government Advocate (Criminal side)