Valliyammal v. State Rep By
CRL OP NO. 14469 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-06-2025
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL.OP No. 14469 of 2025
1. Valliyammal W/o Ramesh, No.4/723C, periyapallam Village, Chennappli Post, Shoolagiri Taluk, Krishnagiri District
2. Vignesh petitioners(s) Vs State rep by The Inspector of police, Shoolagiri Police Station, Krishnagiri District. Crime No.115 of 2025 Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/Accused on bail in Crime No.115 of 2025 pending on the file of the Respondent police. For petitioners(s): Mr.P.M.Jayachandran For Respondent(s): Mr.L.Baskaran Govt Advocate (crl Side)
ORDER
This Criminal Original Petition has been filed by the petitioners , who were arrested and remanded to judicial custody on 21.03.2025, seeking bail in Crime No.115 of 2025 registered for the offence under Sections 103, 296(b), 351(3) of BNS Act.
2. The case of the prosecution is that the defacto complainant is the close relative of the deceased. The first petitioners is the wife of the deceased and both were living separately for about 10 years. While so, on 21.03.2025, when the deceased was standing on the road, there
was a wordy quarrel between the husband and wife and the family members of the defacto complainant were trying to resolve the dispute. At that time, brother of A1 attacked the deceased with koduval and then, A1 to A3 had jointly assaulted him wooden stick and koduval due to which he died on the spot. Hence the case.
3. Learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and false case has been foisted against the petitioners. He further submitted that A3 was granted bail on 14.05.2025. He further submitted that the petitioners are in custody from 21.03.2025 and that further custody is not required. He further submitted that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. Hence, he seeks for grant of bail to the petitioners .
4.Considering the facts and circumstances of the case, submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioners and coaccused/A3 was released on bail on 14.05.2025, this Court is inclined to grant bail to the petitioners on certain conditions.
5. Accordingly, the petitioners are ordered to be released on bail on their executing separate 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-I, Hosur, 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 petitioners shall appear before the respondent police as and when required for interrogation;
[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;
[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;
[e] the petitioners 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 petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners released on bail by the learned Magistrate M. NIRMAL KUMAR.,J
gv /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 of B.N.S.
11-06-2025 To
1. The Judicial Magistrate No.I, Hosur.
2.The State rep by The Inspector of police, Shoolagiri Police Station, Krishnagiri District. Crime No.115 of 2025
3. The Superintendent, Central Prison, Salem.
4. The Public Prosecutor, High Court, Madras.
CRL.OP No. 14469 of 2025