Ganesh M/ 39 Years v. The State Rep. By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-02-2026
CORAM
THE HON'BLE MR.JUSTICE K.RAJASEKAR
1. GANESH M/ 39 years S/o Nagaraj All are residing at, 70 B, Thumbavanam Streeet, VTC, Kancheepuram Town and District.
2. Nagarajan S/o. Chokkalingam All are residing at, 70 B, Thumbavanam Streeet, VTC, Kancheepuram Town and District.
3. Nalini W/o. Nagarajan All are residing at, 70 B, Thumbavanam Streeet, VTC, Kancheepuram Town and District.
..Petitioner(s) Vs The State Rep. by the Inspector of Police, B2, Vishnu Kanchi Police Station, Kancheepuram District.
(Crime No.04 of 2026) ..Respondent(s) PRAYER : Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023,to enlarge the Petitioner on bail in the event oftheir arrest in Crime No. 04 of 2026 on the Respondent Police. For Petitioner(s):
M/s .G.PUNNIAKOTI For Respondent(s):
M/S.J.R.Archana Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 194 of BNS altered to 108 of BNS (306 IPC) in Crime No. 04 of 2026, seek anticipatory bail.
2. The allegation against the petitioner is that the first petitioner is the husband and the other petitioners are parents-in-law of the victim and the marriage was taken place in the year 2013 and they lived peacefully for some time. After delivering their second daughter, the family started harassing the victim and it continued for some time. On 1.1.2026, the victim went to meet her mother and returned. At that time, she was scolded by the mother-in-law and it was not objected to by her husband. Further, they induced her to commit suicide. No one in the family talked with her; unable to bear the harassment, on 06.1.2026, she committed suicide after recording a video stating the incidents taken place in her house. Originally, the case was registered under Section 194 of BNSS; subsequently, it was altered to 108 of BNSS.
3. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case and majority of the allegations relate to quarrels between the family, and there was no inducement made to the victim. The marriage itself taken place in the year 2013, and the
family lived together for 13 years. Due to differences of opinion, the occurrence had taken place. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation in this case is pending and no one is arrested in this case. The case was altered as early as 8.1.2026. Hence, opposed to grant anticipatory bail to the petitioners.
5.I have gone through the alteration report and it was recorded on 8.1.2026, and no one has been arrested in this case. Though there are serious allegations of harassment and other averments made in the alteration report, considering the fact that to investigate a case of this nature, custodial interrogation is not necessary, and further it is a case of suicide, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy made ready, before the learned Judicial Magistrate-I, Kancheepuram, on condition that the petitioners shall execute a separate bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only), with two sureties each for a like sum to the satisfaction of the learned
Magistrate concerned, and on further condition: (a) If the petitioners fails to surrender before the concerned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) The sureties shall affix their photographs and left thumb impression in the application for surety slip (Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019]'. The learned Magistrate shall obtain a copy of any one of identify proofs to ensure their identity;
(c) The petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];
(e) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
24-02-2026 MPA To 1.The Judicial Magistrate-I, Kancheepuram.
2.The State Rep. by the Inspector of Police, B2, Vishnu Kanchi Police Station, Kancheepuram District.
(Crime No.04 of 2026) 3.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J.
MPA 24-02-2026