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Madras High CourtCRL OP/12146/2026granted

Bharathi v. State Rep By The Inspector Of Police

2026-05-13Honourable Mr.Justice P. Dhanabal5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL Bharathi W/o. Hariskrishnan No.3/7, 3rd Cross Street, CIT Nagar, Nanthanam, Chennai - 600 035.

..Petitioner(s) Vs State Rep.by The Inspector of police, Mangadu Police Station, Kancheepuram District.

Cr.No.116/2026.

..Respondent(s) Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in Crime No.116 of 2026, on the file of the respondent police, and thus render justice.

For Petitioner(s):

Mr.P.Ponbalaji For Respondent(s):

Mr.R.Vinothraja, Government Advocate (Crl.Side) Order The petitioner/Accused, who was arrested and remanded to judicial custody on 01.03.2026 for the offences punishable under Sections 109 (1) of BNS, 2023 in Cr. No.116 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is the daughter of the defacto complainant. There is a dispute in respect of collection of rent from the tenant. Due to which, the petitioner poured petrol on the defacto complainant, as a result of which, the defacto complainant sustained grievous injuries. Hence the case.

3. The learned counsel for the petitioner would contend that the petitioner has been falsely implicated in this case. The petitioner is an innocent and she is nothing to do with the alleged offences. The earlier bail applications filed by the petitioner before this Court and the Trial Court was dismissed. She is in judicial custody from 01.03.2026. Therefore prayed to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) would submit that due to family dispute between the petitioner / daughter and the defacto complainant / father, the petitioner poured kerosene on the defacto complainant and set him on fire. Based on the complaint given by the defacto complainant, this case was registered against the accused. There are no previous cases pending against the petitioner and the injured has been discharged from the hospital. However, he strongly opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions made on either side, considering the nature of offences, considering the fact that the petitioner is in judicial custody from 25.04.2026, and the injured have already been discharged from hospital and there are no previous cases against her, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Sriperumbuthur, Chennai and on further conditions that: [b] the petitioner shall report before the respondent Police, daily at 10.00 a.m. until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.

13-05-2026 Index: Yes/No Speaking/Non-speaking order SK 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.

To

1. The Judicial Magistrate, Sriperumbuthur.

2. The Superintendent of Prisons, Central Women Prison, Puzhal.

3. The Inspector of police, Mangadu Police Station, Kancheepuram District.

4. The Public Prosecutor, Madras High Court, Chennai.

P.DHANABAL J.

sk 13-05-2026