Nagaraj @ Iyyappan v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-11-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.32561 of 2025 Nagaraj @ Iyyappan Petitioner Vs The State Represented by The Inspector of Police, Dharapuram Police Station, Tiruppur District.
Crime No.463 of 2025.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.463 of 2025 on the file of the respondent police. For Petitioner:
Mr.P.Rajkumar For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.10.2025 for the alleged offence punishable under Sections 103(1), 351(3) of BNS, in Crime No.463 of 2025, seeks bail.
2. The allegation against the petitioner is that the petitioner is the husband of the deceased. It is alleged that, questioning her fidelity, on 30.09.2025, the petitioner assaulted the deceased with stones while she was sleeping and thereby committed her murder. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 01.10.2025. He further submitted that the alleged occurrence took place due to the deceased
developed an illegal relationship with the petitioner's friend. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the investigation is still pending and that the petitioner has no previous case against him. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions made by the learned counsel on either side, the nature of the allegations, and the motive behind the occurrence, the petitioner has no previous case against him and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on 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, for a like sum to the satisfaction of the learned Judicial Magistrate, Dharapuram, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall stay at Salem and report before the Salem Town Police Station, daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 27.11.2025 drl
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, Dharapuram.
2.The Inspector of Police, Dharapuram Police Station, Tiruppur District.
3.The Superintendent, Central Prison, Coimbatore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.32561 of 2025
27.11.2025