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Madras High Court/30791/2025granted

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

2025-11-116 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-11-2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.30791 of 2025 Suseela ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Elavanasoorkottai Police Station, Kallakurichi District.

(Crime No.225 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.225 of 2025 on the file of the respondent police. For Petitioner(s) :

Mr. S. Mageshkumar For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.11.2025 for the offences punishable under Section 194 BNSS, 2023 altered into Section 108 of BNS in Crime No.225 of 2025, registered on the file of the respondent police, seeks bail.

2.

The allegation against the petitioner is that, since the petitioner's nephew was in love with the deceased, who is aged about 16 years, the petitioner got enraged, quarrelled and scolded the deceased in public place, which caused great insult and mental agony to the deceased; that thereby, she committed suicide by hanging. Hence, this case. 3.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and she is in judicial custody since 02.11.2025; that the petitioner only made casual enquiry with the deceased regarding the relationship between her and the petitioner's nephew; that the petitioner had not abused or scolded the deceased or abetted her to commit suicide; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the 2/6

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 originally the FIR was registered under Section 194 BNSS and subsequently, it was altered into Section 108 of BNS; that the specific overtact against the petitioner herein is that he abetted the deceased to commit suicide; and that the investigation of this case is pending.

5.

Considering the submissions made, facts and circumstances of the case, the petitioner being a lady and it is the case of suicide and 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 her 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, Ulundurpet at Kallakurichi District and on further conditions that:

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[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., for a period of two 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.

11.11.2025 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, Ulundurpet at Kallakurichi District.

2. The Inspector of Police, Elavanasoorkottai Police Station, Kallakurichi District.

(Crime No.225 of 2025)

3. The Superintendent, Woman Sub-Jail, Villupuram.

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

stn Crl.O.P. No.30791 of 2025 11.11.2025 6/6