C.Nalini v. The State, Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2025
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR C.Nalini ... Petitioner Vs.
The State represented by The Inspector of Police, Walaja Police Station, Cuddalore.
Crime No.194 of 2025 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.194 of 2025 on the file of the respondent. For Petitioner :
Mr.K.Venkatesan For Respondent :
Mr.R.Vinothraja Government Advocate (Crl.Side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 16.05.2025, for the offence punishable under Section 296 (b) and 103 of BNS, 2023, @ under Section 296 (b), 103, 49, 238 (b) of BNS Act, in Crime No.194 of 2025, registered on the file of the respondent, seeks bail. 1/7
2.The case of the prosecution is that the defacto-complainant is the wife of the first accused and daughter-in-law of the second accused/petitioner. The defacto-complainant has illicit relationship with one Vijay and she got pregnant. Knowing this, the first accused tried to attack her with iron rod. Instead her mother Bharathi was attacked. As a result, Bharathi sustained injuries, later she found dead. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody from 16.05.2025 and hence, further custody of the petitioner is not required Hence, he prayed for grant of bail to the petitioner. 4.The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and opposed for grant of bail to the petitioner.
5. Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances of the case, the submission 2/7
of learned counsels on both sides and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
7.Accordingly, the petitioner is ordered to be released on bail on her executing 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 II, Walajapet and on further conditions that: [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 three weeks; thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] the petitioner to give an undertaking that if required for being identified by witnesses during 3/7
investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;
[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.06.2025 ep 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.
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To 1.The Judicial Magistrate II, Walajapet.
2.The Inspector of Police, Walaja Police Station, Cuddalore.
3.The Central Prison.
Vellore.
4.The Public Prosecutor, High Court of Madras.
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M.NIRMAL KUMAR, J.
ep 6/7
30.06.2025 7/7