S.Arunkumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 19.02.2026 for the alleged offences under Sections 85, 108(1) of BNS, in Crime No.268 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that that the petitioner, who is the husband of the deceased had harassed the defacto complainant by demanding more dowry, due to which, deceased committed suicide.. Hence, the case.

The learned counsel appearing for the petitioner submitted that the occurrence took place on 03.04.2025, however the petitioner was arrested on 19.02.026. He further submitted that earlier application of the petitioner was dismissed on the ground that the investigation is at preliminary stage. He further submitted that that the petitioner is ready to abide by any stringent condition 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 majority of the investigation have been completed. However, he opposed for grant of bail to the petitioner.

Taking into consideration the totality of the circumstances and the fact that for the occurrence took place on 03.04.2025, petitioner was arrested on 19.02.2026 and the fact that the majority of the investigation might have been completed by this time. Hence, further custody of the petitioner does not appears to be necessary at this stage. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her 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 learned Judicial Magistrate, Ambattur, 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 twice a day at 10.30 am and 5.30 pm. for a period of two 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 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];

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