Gopalakrishnan vs State

K.Rajasekar, J

The petitioner/A1, who was arrested and remanded to judicial custody on 28.01.2026, for the alleged offence punishable under Sections 194 of BNSS Act (174 of Cr.P.C) and subsequently altered into offence under Section 108 of BNS (306 of IPC) in Cr.No.114 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the deceased in this case is the wife of A1, and their marriage was solemnized more than eight years ago. It is alleged that A1 along with his family members forced her to do various kinds of work and also threatened her, unable to bear the harassment, the victim has committed suicide by hanging herself, which led to the registration of the case. Based on the same, the petitioner was arrested. Hence, the present petition has been filed by the petitioner for seeking bail.

The learned counsel appearing for the petitioner submitted that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the co-accused were enlarged on anticipatory bail by this court vide order dated 13.02.2026 in Crl.OP.No.3507 of 2026. He further submitted that the petitioner is in custody from 28.01.2026 and he is ready to cooperate with the investigation and also ready and willing to abide by any conditions that may be imposed by this court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner along with his family members were harassed the deceased and it is a case of suicide. Hence, he opposed for grant of bail to the petitioner.

Considering the nature of allegations, the period of incarceration undergone by the petitioner and taking note of the fact that the co-accused were enlarged on anticipatory bail by this Court, I am inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Edapadi and on further conditions that:

[a] 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 the identity proofs 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 and thereafter as and when required for interrogation;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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