Nithin @ Nithinkumar v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-05-2026

CORAM

THE HON'BLE MR.JUSTICE P. DHANABAL 1.Nithin @ Nithinkumar 2.Revathi 3.Elakkiya ..Petitioner(s) Vs State rep by the Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupathur District Cr.No.110 of 2026 ..Respondent(s) Prayer: The Criminal Original Petition is filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Cr.No.110 of 2026 on the file of the respondent police.

For Petitioner(s):

Mr.G.Vinodhkumar For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 14.04.2026 for the offences punishable under Sections 296(b), 115(1), 324(2) and 107 BNS r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women (Amendment) Act, 2002 in Cr.No.110 of 2026 on the file of the

respondent police, seek bail.

2. The case of the prosecution is that the first petitioner and the deceased girl were in a relationship, which was questioned by the other petitioners. Subsequently, on 14.04.2026, the petitioners went to the house of the deceased, abused her and her mother with filthy language, and assaulted them by using their hands. Due to the said incident, the deceased allegedly hanged herself and died on the way to the hospital. Hence, the case.

3. The learned counsel for the petitioners would contend that the petitioners are under judicial custody since 14.04.2026. He further submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the first petitioner had a love affair with the deceased, knowing which the petitioners 2 and 3, who were the family members of the first petitioner, went the house of the deceased and abused her. Unable to bear the humiliation, the deceased committed suicide by hanging herself. Hence, he opposed for grant of bail to the petitioners.

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

6. Considering the nature of offence and the fact that even according to the F.I.R, there are no specific allegations to constitute the offence under Section 107 BNS and also taking into consideration the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions: [a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a 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 No.I, Tirupathur and on further conditions that: [b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 her 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Anu 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 No.I, Tirupathur

2. The Inspector of Police, Jolarpet Police Station, Jolarpet, Tirupathur District

3. The Superintendent Central Prison, Vellore 4.The Superintendent, Special Prison for Women, Vellore

5. The Public Prosecutor, Madras High Court.

P.DHANABAL, J.

Anu 13-05-2026