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Madras High CourtCRL OP/11234/2026granted

Swarna Karthik v. The State Represented By The Inspector Of Police

2026-04-30Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2026

CORAM

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

State represented by:

The Inspector of Police, Perumbakkam Police Station, Chennai (Crime No.85 of 2026) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail in crime no.85 of 2026 on the file of the Perumbakkam Police Station.

For Petitioner : Mr.M.Ayyadurai For Respondent : Mr.S.Vinoth Kumar, Government Advocate(crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.04.2026 for the alleged offence under Section 194(3)(i) of BNSS, 2023 @ into Section 108 of BNS, 2023 (Section 306 of IPC) in Crime No.85 of 2026 on the file of the respondent police, seeks bail. 1/6

2. It is the case of the prosecution, as per the version of the petitioner, is that on 15.03.2026, when the petitioner called his wife, she did not respond the phone call, for which there was a quarrel between them. At that time, the petitioner uttered some angry words, for which she committed suicide. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 10.04.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail. 4.The learned Government Advocate(crl.side) appearing for the respondent police submitted that on investigation it was found that the petitioner, who is the husband of the deceased, instigated her to commit suicide. He further submitted that RDO enquiry is still pending and the petitioner has no previous cases. However, he vehemently opposed to grant bail to the petitioner.

5.

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

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6. It is 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 Additional Mahila Court, Alandur 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. [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 3/6

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 Additional Mahila Court, Alandur 2.The Inspector of Police, Perumbakkam Police Station, Chennai 3.Puzhal Jail, Chennai 4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.11234 of 2026 30.04.2026 6/6