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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.27693 of 2025 Usha ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, GRP Railway Tiruvallur Police Station.

(Crime No.141 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.141 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. S. Gokulakannan For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 08.08.2025, for the offences punishable under Section 194 BNSS @ 103, 61(2), 238, 3(5) of BNS in Crime No.141 of 2025, registered on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that on 19.06.2025, the defacto complainanat lodged a complaint before the respondent police stating that the body of the deceased was found in the railway track between the Putlur and Tiruvallur Track, hence the FIR was initially lodged by the respondent police under Section 194 of BNSS; that during the course of investigation and on verification of the last call registered in the mobile of the deceased, it is revealed that the petitioner conspired with other accused and thereby, the accused persons murdered the deceased using knife and in order to conceal the body of the deceased, the accused placed the body near the railway track.

3.

The learned counsel appearing for the petitioner submitted that the petitioner is a lady, she has been falsely implicated in this case; that she 2/6

was not aware about the intention of the other accused involved in the alleged offence and she is in custody since 08.08.2025. He further 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 (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and stated that there are totally four accused and the petitioner herein is arrayed as A2 in this case; that the petitioner herein settled in the area where the deceased was living; that the deceased demanded money from the petitioner stating, if she wants to reside there, she has to pay money to him; thereby the petitioner got enraged and informed the same with A1; that thereby A1 joining hands with other accused and murdered the deceased. He further submitted that the case is now been transferred to Sevvapet Police Station; and that the investigation is pending.

5.

Considering the facts of the case, the fact that the petitioner being a lady, she was not present at the scene of occurrence and not caused 3/6

any direct injury to the deceased and also considering the period of incarceration undergone by the petitioner, 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.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tiruvallur 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 Tiruvallur and report before the Inspector of Police, Tiruvallur Town Police station daily at 10:30 a.m., until further orders. It is made clear that the petitioner shall not enter the jurisdictional limit of the respondent police;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate 4/6

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.

10.10.2025 stn 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, Tiruvallur.

2. The Inspector of Police, GRP Railway Tiruvallur Police Station.

(Crime No.141 of 2025) 5/6

K. RAJASEKAR, J.

stn

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

5. The Inspector of Police, Tiruvallur Town Police Station, Tiruvallur.

Crl.O.P. No.27693 of 2025 10.10.2025 6/6