Vijaya v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2026

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Vijaya ... Petitioner Vs.

The State represented by, The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

(Crime No.85 of 2026).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner/A2 on bail, in connection with Crime No.85 of 2026, pending investigation on the file of the respondent police.

For Petitioner :

Mr.R.Suresh Kumar For Respondent :

Mr.S.Vinoth Kumar Government Advocate (Criminal Side)

O R D E R

Petition seeking bail in respect of Crime No.85 of 2026 registered for the offences punishable under Sections 296(b) and 109 of the BNS, is on board for consideration.

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2.

The learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 13.02.2026 and false implication in the case, seeks indulgence of this Court. He also submits that this is the second application for bail filed by the petitioner before this Court. He further submits that the petitioner, who is the mother-in-law of the victim/deceased, is in no way connected with the alleged offence and was implicated in this case only on a wrong impression. He also submitted that the petitioner and her son/A1 were the persons who took the victim/deceased to the hospital. He also submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court.

3.

The case of the prosecution, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police while opposing the grant of bail, is that it is a case of matrimonial cruelty committed by the accused against the victim/deceased. The petitioner, who is the mother-in-law of the victim/deceased, along with her son/A1, allegedly poured kerosene on the victim and set her on fire, resulting in severe burn injuries and later, she succumbed to her injuries without responding to treatment. He also submits that while the victim/deceased was undergoing treatment in the hospital, a dying declaration was recorded from her, in which she categorically stated that the petitioner had poured 2/4

kerosene and set her on fire and that her husband/A1 was present at the scene. He further submits that the investigation in this case is still pending and this is the second bail application of the petitioner and her first bail application filed before this Court in Crl.O.P.No.7184 of 2026 was dismissed on 23.03.2026. 4.

Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent police and perused the materials available on record, including the dying declaration of the victim/deceased and also considering the gravity of the cruelty committed by the accused, this Court is not inclined to grant bail to the petitioner. 5.

Accordingly, this Criminal Original Petition stands dismissed. 28.04.2026 ham To 1.

The Judicial Magistrate No.I, Dharmapuri.

2.

The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

3.

The Superintendent, Central Prison, Salem.

4.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

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