Amarnath v. State Represented By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Amarnath ... Petitioner Vs.

The State represented by, The Inspector of Police, P2 Otteri Police Station.

Chennai - 600 012.

(Crime No.571 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.571 of 2025 on the file of the respondent Police. For Petitioner :

Mr.John Sathyan, Senior Counsel for Mr.T.A.Narendar For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

The petitioner/A2 herein was arrested on 03.07.2025 in Crime No.571 of 2025 on the file of the respondent Police for the alleged offence under Section 107 of BNS.

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2. The 16 year old daughter of the petitioner committed suicide and in this connection, the petitioner and his second wife have been arrayed as accused.

3. According to the prosecution, due to ill-treatment by the petitioner's second wife/A1, the 16 year old daughter of the petitioner committed suicide. It is alleged that when the deceased reported the step-motherly treatment of A1 Usha to this petitioner, the petitioner did not warn A1 but instead reprimanded his own daughter.

4. Learned Government Advocate (Criminal Side) states that the investigation indicates that the first accused been cruel and abusive against the deceased and this petitioner remained a passive spectator.

5. This Court, on considering the submissions, is of the view that the custody of the petitioner is no more required for the purpose of investigation. Therefore, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on 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 10th Metropolitan Magistrate, Egmore, Chennai, and on further conditions that : 2/4

[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 Investigating Officer as and when required for interrogation;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 11.08.2025 ham 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. 3/4

Dr.G.JAYACHANDRAN , J.

ham To

1. The 10th Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, P2 Otteri Police Station, Chennai - 600 012.

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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