M.Darshan Lunawat v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-09-2025
CORAM
THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.26457 of 2025 M. Darshan Lunawat ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, G-1 Vepery Police Station, Chennai.
(Crime No.446 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.446 of 2025 on the file of the respondent police. For Petitioner(s) :
Mr. M. Akash For Respondent(s) :
Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 24.08.2025 for the offences punishable under Sections 318(2) and 108 of BNS in Crime No.446 of 2025, registered on the file respondent police, seeks bail.
2.
The case of the prosecution is that the deceased was the daughter of the defacto complainant; that the deceased and the petitioner were in love affair and had physical relationship; that subsequently their marriage was fixed with the consent of both families and the couple got engaged on 09.02.2025 and their marriage was fixed to be held on 30.11.2025; that while so, a misunderstanding and dispute arose between the petitioner and the deceased; that thereby, the petitioner refused to marry the deceased; that when both families were discussing to resolve the dispute; the deceased due to distress, jumped off the building and committed suicide. Hence, this case.
3.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated and he has not abetted the 2/6
deceased to commit suicide. He also submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.
The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that the petitioner under the guise of marriage had physical relationship with the deceased and subsequently, refused to marry her; that thereby she committed suicide; and that the investigation is pending.
5.
Considering the facts of the case, the allegation against the petitioner and the period of incarceration undergone by the petitioner and the major part of investigation is also completed, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction 3/6
of the learned II Metropolitan Magistrate, Egmore 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 report the respondent police daily at 10:30 a.m., for a period of three weeks and thereafter, 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. 25.09.2025 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 II Metropolitan Magistrate, Egmore.
2. The Inspector of Police, G-1 Vepery Police Station, Chennai.
(Crime No.446 of 2025)
3. The Superintendent, Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras.
5/6
K. RAJASEKAR, J.
stn Crl.O.P. No.26457 of 2025 25.09.2025 6/6