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Madras High CourtCRL OP/35887/2025granted

Saranya v. The State Rep. By

2026-01-07Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.35887 of 2025 Saranya ... Petitioner

Versus

State rep. by The Inspector of Police, Kodungaiyur Police Station, Chennai District, (Crime No.587 of 2025) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in Crime No.587 of 2025 on the file of the respondent police.

For Petitioner :

Mr.C.R.Gokulvisvas 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 24.11.2025, for the alleged offence punishable under Sections 194 of BNS and Altered to Section 103(1) of BNS in Crime No.587 of 2025, on the file of the respondent police, seeks bail.

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2. The allegation against the petitioner is that the petitioner is the wife of the deceased in this case and since she was having an illicit intimacy with another person and the same was objected by the deceased, she committed murder by strangulating the deceased while he was sleeping. Hence, the complaint has been lodged and the petitioner was arrested.

3. Learned counsel appearing for the petitioner submitted that the petitioner being a lady and she has been falsely implicated in this case and on suspicion, she has been arrested and incarcerated since 24.11.2025 and prays for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that originally the case was registered under Section 194 of BNS and subsequently, it was altered in to a murder case and the investigation in this case is pending. Hence, he opposes 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 both 2/6

sides and considering the fact that the petitioner being a lady and the allegation levelled against the petitioner herein and the manner in which the occurrence is said to have been taken place, 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 her executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties, for a like sum to the satisfaction of the learned Metropolitan Magistrate No.X, Egmore, 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 Ramanathapuram and report before the learned Judicial Magistrate No.1, Ramanathapuram daily at 10.30 a.m., for a period of six weeks and thereafter as and when required for interrogation;

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[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.

07.01.2026 gv 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.

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To 1.The Metropolitan Magistrate No.X, Egmore

2. The Inspector of Police, Kodungaiyur Police Station, Chennai District 3.The Superintendent, Central Prison, Puzhal Jail, Chennai.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

gv CRL.O.P.No.35887 of 2025 07.01.2026 6/6