Bakiyaraj v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2026

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Bakiyaraj ..Petitioner Vs.

State by Inspector of Police, Panchapalli Police Station, Dharmapuri District.

(Crime No.23 of 2026) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail as against the case pending on the file of the respondent Police in crime No.23 of 2026. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.S.Vinoth Kumar, Government Advocate(crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.03.2026 for the alleged offence under Sections 103(1) of BNS Act, 2023 and Section 302 of IPC in Crime No.23 of 2026 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner suspected the conduct of his wife and that he frequently quarreled with his wife. On the alleged date of occurrence, the petitioner had stabbed his wife with some weapon and in the result, she sustained grievous injury and died. Hence, the present case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been in judicial custody since 05.03.2026 and he is ready to co-operate with the investigation and abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate(crl.side) appearing for the respondent police submitted that on the date of occurrence, the petitioner/sole accused had stabbed his wife with a weapon, due to which she sustained grievous injury, thereby she died He further submitted that the investigation is nearing completion. However, he vehemently opposed to grant bail to the petitioner.

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5.

Heard, the learned counsel appearing on either side and perused the materials available on record.

6. It is seen that since the deceased had illegal intimacy with one, Sivaguru, it was warned by the petitioner not to have so. Even then, the deceased continued her illegal intimacy. As such, all of sudden on 05.03.2026, the petitioner stabbed the deceased on her neck during a quarrel. Therefore, she sustained heavy injuries, thereby she died. It is further seen that the respondent police are about to complete the entire investigation in the present case. Considering the same and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Palacode and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 3/6

[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 not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].

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

30.04.2026 lok 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 learned Judicial Magistrate Court, Palacode 2.Inspector of Police, Panchapalli Police Station, Dharmapuri District.

3.District Jail, Dharmapuri 4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.11266 of 2026 30.04.2026 6/6