Jegatheesan v. State Of Tamilnadu Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Jegatheesan ... Petitioner/Accused Vs.

State of Tamil Nadu Represented by the Inspector of Police, Velur Police Station, Namakkal.

(Crime No.147 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail pending investigation in Crime No.147 of 2025 on the file of the respondent police. For Petitioner :

Mr.Vengadesh Durai Raja V.K.

for Mr.Deepanuday 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 12.05.2025, for the offence punishable under Sections 103(1), 127(2) and 1/6

238 of BNS, 2023 (302 of IPC) in connection with Crime No.147 of 2025, registered on the file of the respondent, seeks bail. 2.The case of the prosecution is that the de-facto complainant's daughter married the petitioner 11 years ago. There was some matrimonial discord between the petitioner and de-facto complainant's daughter. The petitioner suspected his wife's fidelity. On the date of occurrence, the petitioner dropped his two children in his sister's house and committed murder of his wife by stabbing on her neck. Hence, the case. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

He further submitted that the petitioner's wife is having illegal affair and the same was questioned by the petitioner, for which, a false case has been projected against the petitioner. The petitioner is having two school going children aged about 6 and 10 years. Both of them are now in petitioner's sister's house and they are attending school. Petitioner is taking care of his daughters and he has no bad antecedents. Hence, prayed for grant of bail to the petitioner.

2/6

4. The learned Government Advocate (Criminal side) strongly opposed the petitioner's contention submitting that the petitioner had planned the murder of the deceased. Prior to the murder, he dropped his two children in his sister's house and thereafter stabbed his wife on her neck. He further submitted that investigation in this case completed and charge sheet filed. Now the case is committed before the Principal Sessions Court, Namakkal. Hence, he strongly opposed for granting bail to the petitioner. 5.Heard the learned counsel appearing on both sides. 6.Considering the submissions made and on perusal of the material, it is seen that the petitioner was arrested on 12.05.2025. The petitioner suspected his wife's fidelity, hence there was some quarrel followed by a stab by the petitioner. Now the case has been committed before the Principal Sessions Court, Namakkal and the next hearing date is 12.08.2025. In view of the same, 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 3/6

his 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, Paramathi, Namakkal 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 appear before the trial Court on all hearing dates without fail;

[c] the petitioner shall not directly or indirectly cause any threat to the de-facto complainant and witnesses; [d] the petitioner to give an undertaking that if required for being identified by witnesses during 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;

[e] 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];

4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 07.08.2025 rsi 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, Paramathi, Namakkal.

2.The Inspector of Police, Velur Police Station, Namakkal.

3.The Superintendent, Central Prison, Namakkal.

4.The Public Prosecutor, High Court of Madras.

5/6

M.NIRMAL KUMAR, J.

rsi 07.08.2025 6/6