Kumar v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM

THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN Kumar ... Petitioner Vs.

State Rep. by:

The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

(Crime No.233 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.233 of 2025 on the file of the respondent police. For Petitioner :

Mr.G.Mohammed Aseef For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 24.06.2025, for the offence punishable under Sections 194(3)(i) of BNNS, 2023 @ Sections 85 & 108 of BNS, 2023, in Crime No.233 of 2025, registered on the file of the respondent, seeks bail. 1/4

2. The case of the prosecution is that, the petitioner's wife committed suicide, due to harassment at the hands of the petitioner. Hence, the present complaint.

3. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the investigation is still pending. He further submitted that the RDO report is yet to be receives.

4. Heard both sides and perused the materials available on record.

5. Considering the fact that the petitioner is in prison for more than 70 days, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai and 2/4

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., until further orders;

[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. 02.09.2025 rpl 3/4

Dr.G.JAYACHANDRAN, J.

rpl 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 District Munsif cum Judicial Magistrate, Denkanikottai. 2.The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

3.The Sub Jail, Dharmapuri.

4.The Public Prosecutor, High Court of Madras.

02.09.2025 4/4