Elumalai v. State Represented By The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. Elumalai S/o Latchumanan, 43,Perumal Koil Street, Kattavur Chinna Colony, Arasur Post, Ponneri Thiruvallur District. and another
2. Nathiya W/o Palani, 273,Perumal Koil Street, Kattavur Chinna Colony, Arasur Post, Ponneri Thiruvallur District.
Petitioners Vs State represented by The Inspector of Police, Ponneri Police Station, Avadi City Respondent PRAYER: Criminal Original Petition filed under Section 482 of BNSS to enlarge the petitioners on bail, in the event of arrest pending investigation in Crime No.257 of 2025 on the file of respondent police For Petitioners :
Mr.A.M.Rahamath Ali For Respondent :
Mr.S.Udayakumar Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 194(3) of BNSS altered into Section 108 of BNS (Section 306 IPC) in Crime No.257 of 2025 on the file of respondent police, seek anticipatory bail.
2. The case of the prosecution is that A1 married to the deceased on 27.06.2025. On 30.06.2025, the couple visited the parental home of the deceased wherein the deceased committed suicide by hanging in the bathroom. There were allegations of demand of Air Conditioner and gold jewel. Insofar as the petitioners are concerned, they are father and brother's wife of A1.
3. The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. Except the fact that they are the inlaws of the deceased, there is no specific allegation against the petitioners. He further submitted that A1 and A2 were earlier arrested and subsequently, granted bail. Hence, he prayed to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent police reiterated the prosecution case and opposed for the grant of
anticipatory bail to the petitioners. However, he submitted that the husband and mother-in-law of the deceased/A1 and A2 were arrested and subsequently released on bail.
5. Considering the above facts and circumstances of the case and also of the fact that the husband and mother-in-law of the deceased were already arrested and released on bail and these petitioners are father-in-law and sisterin-law of the deceased, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Ponneri, on condition that the petitioners shall 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police as and when required for interrogation. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial. [d] the petitioners shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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]. [f] If the petitioners thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
11-09-2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Judicial Magistrate No.1 Ponneri
2. The Inspector of Police, Ponneri Police Station Avadi City
3. The Public Prosecutor High Court of Madras, Chennai.
T.V.THAMILSELVI J.
ksa-2 11-09-2025