Kaveri v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-09-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.25706 of 2025 Kaveri ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

(Crime No.300 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.300 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. E. Kannadasan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.07.2025, for the offences punishable under Section 103(1) of BNS in Crime No.300 of 2025, registered on the file respondent police, seeks bail. 2.

The case of the prosecution is that, the petitioner's wife one Govindammal developed an illicit intimacy with one Thangaraj, due to which there was a dispute and misunderstanding between the petitioner and his wife. While so, on 08.07.2025 when the petitioner went to his house, he found that his wife and the said Thangaraj were in compromising position, hence the petitioner quarrelled with his wife and attacked her using sickle; that thereby Govindammal sustained injuries and died; and that thereafter, the petitioner surrendered himself before the respondent police. Hence, this case.

3.

The learned counsel appearing for the petitioner submitted that the investigation in this case is completed and final report also filed and the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner. 2/6

4.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and on instruction submitted that the deceased is the third wife of the petitioner and due to illicit relationship between the deceased and other person, the petitioner assaulted and murdered the deceased; and that the investigation was completed and final report filed. 5.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner and the fact that the investigation of the case was completed and final report filed, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Krishnagiri and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial 3/6

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 Trial Court concerned daily at 10:30 a.m., for a period of two weeks and thereafter, on all hearing dates without fail; [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. 18.09.2025 stn 4/6

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 No.I, Krishnagiri.

2. The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

(Crime No.300 of 2025)

3. The Superintendent, Sub Jail, Krishnagiri.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.25706 of 2025 18.09.2025 6/6