Mageshwari v. The State Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3958 of 2026 Mageshwari ... Petitioner Vs.

State of Tamilnadu The Inspector of Police, Bargur Police Station, Krishnagiri District.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.22 of 2026 pending investigation on the file of the respondent police. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.01.2026, for the alleged offence punishable under 194 of BNSS, 2023 @ 108 of BNS 2023 in Cr.No.22 of 2026, registered on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that she is the sister-in-law of the deceased in this case. It is stated that the petitioner/A1 had earlier borrowed gold jewels from the deceased for the purpose of attending the function. Subsequently, when the deceased demanded to return back the gold jewels, the petitioner herein informed that his brother/A2 had collected the gold jewels and the same is with him. When the deceased questioned the Accused No.2 in this regard, the petitioner attacked the deceased with a stick. Unable to bear the humiliation, the deceased committed suicide by consuming acid. Hence, a case has been registered and the petitioner was arrested.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and she has not committed the alleged offence. He further submitted that she is in judicial custody since 26.01.2026 and that she is ready to co-operate with the investigation. He further submitted that the co-accused/A2 was enlarged on bail by this court in Crl.OP.No.3866 of 2026 dated 17.02.2026. Hence, he prayed 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 has no previous case pending against him and that the investigation is still pending.

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5. Considering the submissions made by the learned counsel on either side, the nature of the allegations, and the fact that the deceased died by consuming acid, and considering the period of incarceration, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

6. 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 Judicial Magistrate-I, Krishnagiri 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 learned 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;

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[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. 18.02.2026 Vv 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 4/6

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.

To

1. The Judicial Magistrate-I, Krishnagiri

2. The Inspector of Police, Bargur Police Station, Krishnagiri District.

3. The Special Prison for Woman, Salem 4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

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Crl.O.P.No.3958 of 2026 18.02.2026 6/6