Emili v. State Rep By , The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Emili ..Petitioner Vs State Rep by its The Inspector of Police, S.H.O, Sankarapuram Police Station, Kallakurichi District.

(Crime No.01 of 2026) ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail pending investigation in Crime No. 01 of 2026 the file of the respondent police. For Petitioner:

Mr. G.Punniakoti For Respondent:

Mr.S.Yogaraja Sekar Counsel for Government of Tamil Nadu (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.01.2026 for the alleged offences under Section Women Missing altered to 103(1), 238 of Bharatiya Nyaya Sanhita, 2023 in Crime.No.01 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with A1 allegedly committed the murder of one Nandhini. According to the prosecution, A1, who is the mother-in-law of the deceased, was unhappy with the marriage

and took the deceased under the pretext of performing certain rituals near Manimutharu River. It is alleged that the petitioner accompanied A1 and participated in the commission of the offence. Hence, the case was registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case. It is further submitted that A1 has already been granted bail by this Court in Crl.O.P.No.12672 of 2026 on 20.05.2026. The learned counsel would further submit that the petitioner has no criminal antecedents and has been in custody since 04.01.2026. Hence, he prayed for grant of bail to the petitioner.

4. The learned Counsel for Government of Tamil Nadu (Crl.Side) appearing for the respondent submitted that A1 is the mother-in-law of the deceased and the present petitioner is alleged to have accompanied A1 when the deceased was taken under the pretext of performing rituals. Therefore, he opposed to grant of bail to the petitioner.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submissions of the learned counsel on either side, this Court is of the view that taking into consideration the long incarceration of the

petitioner, the fact that by this time investigation might have been completed, and the fact that A1 has already been enlarged on bail in Crl.O.P.No. 12672 of 2026 dated 20.05.2026, this Court is inclined to extend parity to the petitioner and enlarge him on bail, subject to certain conditions

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate, Sankarapuram and subject to the following conditions: [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 petitioner shall report before the respondent police daily at 10.30 a.m. for a period of 30 days 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 the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on

bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

05-06-2026 Index: Yes/No Speaking/Non-speaking order NSL 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, Sankarapuram.

2. Central Prison (Women), Vellore.

3. The Inspector of Police,S.H.O, Sanakarapuram Police Station, Kallakurichi District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 05-06-2026