Ashwini v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR. JUSTICE K.RAJASEKAR Ashwini ... Petitioner Vs.

The State represented by The Inspector of Police, Rathinagiri Police Station, Ranipet District.

(Crime No.155 of 2025) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Crime No.155 of 2025 on the file of the respondent police. For Petitioner :

Mr.E.Kannadasan 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 11.08.2025, for the offence punishable under Sections 191(2), 191(3), 296(b), 109(1) of BNS, 2023 [under Sections 147, 148, 294(b), 307 of IPC] subsequently altered to Sections 191(2), 191(3), 126(2), 49, 61(2), 3(5), 1/6

296(b), 103(1) of BNS, 2023 [under Sections 147, 148, 341, 109, 120(B), 34, 294(b), 302 of IPC] in Crime No.155 of 2025, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner is the wife of the 1st accused. Due to previous enmity, the 1st accused along with other accused have assaulted the deceased, Avinesh, by using knife and he died on the spot. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the overt act attributed to the petitioner is that he only assisted the other accused in committing the murder of the deceased, and he did not directly participate in the occurrence. He further submitted that one of the co-accused, A7 was already granted bail in Crl.O.P.No.25553 of 2025 dated 19.09.2025, and that the petitioner has been in custody since 11.08.2025. Hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Criminal Side) appearing for the respondent police opposed the grant of bail, reiterating the prosecution case and submitted that the investigation in the present case is still pending. 2/6

5. I have given my anxious consideration on either side submissions and perused the materials available on record.

6. Considering the nature of the allegations, the period of incarceration and taking into account that the co-accused, A7 was granted bail by this Court in Crl.O.P.No.25553 of 2025 dated 19.09.2025, 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 his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Arcot, 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 stay at Tiruvannamalai and report before the Inspector of Police, Tiruvannamalai Town Police Station, daily at 10.30 a.m., until further orders;

[c] the petitioner shall make himself available 3/6

for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; [e] 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;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 08.10.2025 cda 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, Arcot.

2.The Inspector of Police, Rathinagiri Police Station, Ranipet District.

3.The Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai.

4.The Special Prison for Women, Vellore.

5.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

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