High CourtsSingle Bench

A.Murugesan vs State

Madras High Court · Decided on 17 November 2025 · Citation: (2025) 11 MAD CK 1981

HON’BLE JUDGES
K. Rajasekar, J
ACTS & SECTIONS REFERRED
Bharatiya Nyaya Sanhita, 2023 — Section 108, 194(3), 269
CASE NUMBER
Criminal Original Petition No. 31347 Of 2025
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Judgment

14 paragraphs · 501 words

K. Rajasekar, J

1.

The petitioner, who was arrested and remanded to judicial custody on 26.10.2025, for the alleged offence punishable under Sections 194(3) of BNS, 2023 altered into 108 of BNS, in Crime No.196 of 2025, on the file of the respondent police, seeks bail.

2.

The allegation against this petitioner is that, this petitioner is the father in law of the deceased. The marriage between the deceased and the petitioner's son was taken place 3 months before the occurrence and the petitioner is of the view that she has brought bad luck to that family. Hence he used to scold her and abuse her, which resulted the deceased was committed suicide by consuming poison and died.

3.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent, he has been falsely implicated in this case and he was only quarrelled with the deceased since the petitioner has lost his wife within a short period the deceased came to her house as a bride. He would further submit that the petitioner was arrested and she is in judicial custody from 26.10.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation is not completed in this case and he opposed for grant of bail to the petitioner.

5.

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

6.

Considering the submissions of the learned counsel on either side and the period of incarceration from 26.10.2025, and this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7.

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 District Munsif cum Judicial Magistrate Court, Kalvarayan Hills, Kallakurichi District, 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 respondent police daily at 10.30 a.m., for a period of three weeks;

[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.