Ramki vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 19.05.2026 for the alleged offence originally registered under Section 194(3) (iii) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and subsequently altered to Section 80(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.346 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused persons persistently demanded money and jewels as dowry, and subjected the defacto complainant's daughter to continuous physical and mental torture. Unable to bear the said dowry harassment, the daughter of the defacto complainant committed suicide by hanging herself from a ceiling fan. Hence, the case.

The learned counsel for the petitioner submits that the petitioner is innocent of the offences and has been falsely implicated in this case. He further submits that the petitioner has been in continuous judicial custody since 19.05.2026 and is fully willing to cooperate with the trial proceedings and abide by any stringent conditions imposed by this Court. He prays for the grant of bail taking into consideration the stage of the case.

The learned Government Counsel (Criminal Side) appearing for the respondent police opposes the grant of bail, highlighting the gravity of the offence involving a dowry death. However, he fairly submits that the investigation in this case has already been completed, though the charge sheet is yet to be filed. He further does not dispute the fact that the co-accused (A2) has already been enlarged on bail by this Court.

I have given my anxious consideration to the submissions made by the learned counsel on either side.

Considering the facts and the totality of the circumstances of the case, this Court takes note of the fact that the investigation has already been completed and only the filing of the charge sheet is pending. Taking into further consideration that the co-accused (A2) has already been granted bail, and noting the period of incarceration undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent 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 each for a like sum to the satisfaction of the Judicial Magistrate No.I, Poonamallee, and subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Suretyship [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 twice everyday at 10.30 a.m. and 05:30 p.m, until further orders;

[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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.