Ahamed Risham v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2026

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Crl.O.P.No.3132 of 2026 Ahamed Risham ... Petitioner Vs.

State represented by Inspector of Police, AWPS Central Police Station, Coimbatore.

(Crime No.46 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the Petitioner/Accused on bail in Crime No.46 of 2025 pending on the file of the respondent Police. For Petitioner :

Mr.R.Bala Ramesh For Respondent :

Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The petitioner, who were arrested and remanded to judicial custody on 15.01.2026, for the offence punishable under Sections 498A, 406, 323 and 506(i) of IPC, Section 296(b) of BNS and Section 4 of TNPHW Act in Crime No.46 of 2025, registered on the file of the respondent, seeks bail. 1/6

2. The allegation against the petitioner is that the defacto complainant married the petitioner on 17.01.2021, as arranged by the elders of both families, and at the time of marriage, gold jewelry and a car were given to her by her parents. After the marriage, she was subjected to harassment at the hands of the petitioner, and she left her matrimonial home in the year 2024. It is further alleged that her jewelry was not returned to her and that she was abused in filthy language and threatened by the petitioner. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the husband of the defacto complainant, has been arrested and is presently in custody, and that he is ready to cooperate with the investigation. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is the main accused and that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. This Court has also gone through the FIR and other connected materials, which disclose allegations of harassment, physical assault, and other abuse. Considering the period of incarceration already undergone by the 2/6

petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 learned Judicial Magistrate, Additional Mahila Court, Coimbatore and on further conditions that:

[a] the sureties shall affix his 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 his identity;

[b] the petitioner shall report before the respondent police daily at 10.30.a.m., for a period of four 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;

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[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. 10.02.2026 kmm Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies.

To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

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To 1.The Judicial Magistrate, Additional Mahila Court, Coimbatore. 2.The Inspector of Police, AWPS Central Police Station, Coimbatore.

3. The Superintendent, Central Jail, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR, J.

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