Agilesh vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 18.11.2025 for the offences punishable under Sections 194(3)(ii) of BNSS alter into 108 of BNS, in Crime No.601 of 2025, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he is the husband of the deceased in this case. The marriage was taken place in April 2021, and from that time onwards, the deceased was allegedly subjected to continuous harassment, as a result of which she has committed suicide by consuming poison. After completion of the initial investigation, the petitioner has been in judicial custody from 18.11.2025.

Learned counsel appearing for the petitioner submitted that the disputes between the petitioner and the deceased arose out of misunderstanding between the couples and that the petitioner has not abetted the deceased to commit suicide. He further submitted that the petitioner has been falsely implicated in this case. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the RDO enquiry was concluded, and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the submissions made by the learned counsel on both sides, the fact that the RDO enquiry was concluded, and that the petitioner is in judicial custody since 18.11.2025, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Poonamallee, and on further conditions that:

[a] 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;

[b] the petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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)AIR SCW 5560];

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