Christhopmery v. State Rep.By The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL Christhopmery S/o.Salamon Veriyur Village, Thiruvannamalai Taluk and District.
..Petitioner/Accused 1 Vs State represented by The Station House Officer, Sankarapuram Police Station, Kallakurichi District.
(Crime No.01/2026) ..Respondent/complainant PRAYER :Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner in Crime No.01 of 2026 on the file of the respondent-police. For Petitioner(s):
Mr.A.Logesh For Respondent(s):
Mr.L.Baskaran, Govt. Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
2. The petitioner/A1 was arrested and remanded to judicial custody on 03.01.2026 for the alleged offences punishable under Section Women missingNON Act @ Sections 103(1), 238 of BNS, 2023, in Crime No.1 of 2026 on the file of the respondent-police.
3. The case of the prosecution is that the defacto complainant is the son of the petitioner and husband of the deceased. The complainant married the deceased eight years back and the same was not liked by the petitioner. Therefore, the petitioner took her to an isolated place in the guise of performing pooja and committed murder. Based on the said occurrence, the present complaint was lodged and the aforesaid case has been registered.
4. Mr.A.Logesh, learned counsel for the petitioner, submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. He further submits that the petitioner was not aware of the said occurrence. He also submits that the petitioner is in judicial custody since 03.01.2026. He, further, submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Therefore, he prays to grant bail to the petitioner.
5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal
Side) appearing for the respondent-police submits that the accused and the victim are family members and owing to some previous enmity, the petitioner committed murder of the victim. He further submits that there is no previous case against the petitioner. However, he opposes the grant of bail and accordingly, he prays to dismiss the petition.
6. Heard on both sides. This Court has perused all the materials available on record.
7. The petitioner was arrested on 03.01.2026. The petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility of absconding. Considering the same and taking note of the facts and cumulative circumstances of the case, the fact that the investigation is completed and charge sheet is filed, the offences alleged against the petitioner and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the Judicial Magistrate, Sankarapuram.
(ii) The sureties shall affix their photographs and left thumb impression in
the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The Judicial Magistrate, Sankarapuram, shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall stay at Villupuram and report before the learned Judicial Magistrate I, Villupuram, daily twice, at 10.30 a.m., and 5.30 p.m., until further orders. The petitioner should not enter into the Sankarapuram Police Limits.
(iv) The petitioner shall furnish her residential address and mobile numbers to the learned Judicial Magistrate, Sankarapuram. (v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023. (vi) The petitioner shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
(vii) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(viii) The petitioner shall also not directly or indirectly, cause any threat to the defacto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the defacto complainant's house or
his work place.
(x) The petitioner shall not try to contact the defacto complainant, victims, and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the Judicial Magistrate, Sankarapuram, or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
20-05-2026 ssa Note:
1. Registry is directed to forthwith upload this order on the Official Website of this Court.
2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.
R.SAKTHIVEL, J.
ssa To 1.The Judicial Magistrate, Sankarapuram.
2.The Judicial Magistrate I, Villupuram.
3.The Superintendent, Central Prison for Women, Vellore. 4.The Station House Officer, Sankarapuram Police Station, Kallakurichi District.
5.The Public Prosecutor, High Court of Madras.
Order made in 20-05-2026