Ponnusamy v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN

1. Ponnusamy

2. Vijaya

3. Bhilominal Stellamary

4. Paulraj ..Petitioners Vs State rep.by The Inspector of Police, T-1, Ambattur Police Station, Tiruvallur District.

Crime No.873 of 2025.

..Respondent PRAYER: Criminal Original Petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.873 of 2025. For Petitioners:

Mr.A.Logesh For Respondent:

Ms.R.S.Indira Government Advocate (Crl.Side)

ORDER

The petitioners apprehend arrest for the alleged offence under Sections 194(3)(i) of BNSS and subsequently it was altered as Section 80(2), 85 of BNS Act, in Crime No.873 of 2025 on the file of the respondent police seeks anticipatory bail.

2. The case of the prosecution is that due to family dispute, the deceased Brindha, daughter of the defacto complainant and wife of A1 Bharathiraja, committed suicide on 18.10.2025. Hence the case.

3. The learned counsel appearing for the petitioners submitted that the deceased committed suicide in her brother's house and the husband of the deceased has already been arrested and is in judicial custody. It is further submitted that the first and second petitioners are the parents of A1 and the third and fourth petitioners are his relatives. The learned counsel would submit that the petitioners are aged persons and are residents of Virudhunagar. It is also submitted that there are no specific allegations against the petitioners in the FIR and they were not residing with the deceased. Therefore, he prayed to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to family dispute, the deceased Brindha, daughter of the defacto complainant and wife of A1 Bharathiraja committed suicide. Hence, he opposed to grant anticipatory bail to the petitioners.

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

6. This Court is of the view that the petitioners are residents of Virudhunagar whereas the occurrence took place at Chennai. Further, the petitioners are the parents and relatives of A1 and there are no specific allegations against them in the FIR. Taking into consideration the age of the petitioners, the fact that the first petitioner is aged about 63 years and the second and third petitioners are women and fourth petitioner is aged about 56 years and considering the totality of the circumstances, this Court is of the firm view that at this length of time custodial interrogation of the petitioners is not required, subject to certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Ambattur, on condition that the petitioners shall execute a bond each for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each, for a like sum to the satisfaction of the learned Magistrate concerned, and on further conditions:

(a) If the petitioners fail to surrender before the concerned learned Magistrate within a period of fifteen (15) days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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 identify proofs to ensure their identity;

(c) The petitioners shall report before the respondent Police, everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; (d) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate actions against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji v. State of Kerala [(2005) AIR SCW 5560];

(e) If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS Act.

15-06-2026 NSL To

1. The Inspector of Police, T-1, Ambattur Police Station, Tiruvallur District.

2. The Public Prosecutor, High Court of Madras.

3. The Judicial Magistrate, Ambattur.

C.KUMARAPPAN, J.

NSL 15-06-2026