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Madras High CourtCRL OP(MD)/373/2026granted

Haribhajan v. State Of Tamilnadu Rep By Inspector Of Police, Kumbakonam Taluk

2026-01-09Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.01.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY 1.Haribhajan 2.Sampath ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By,The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

(Crime No.412 of 2025) ... Respondent/Complainant For Petitioners : Mr.Yusudasan Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.412 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 19.11.2025 for the offences punishable under Sections 194(3),of BNSS @ 80, 85 of BNS (174 of Cr.P.C @ 304B, 498A of IPC), in Crime No.412 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the 1st petitioner is the husband of the daughter of the defacto complainant. Further, the 1st petitioner along with his family members had demanded additional dowry from the daughter of the defacto complainant and harassed her due to which, the daughter of the defacto complainant had committed suicide. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 2/6

19.11.2025. Hence, he seeks bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that there are no previous case pending against the petitioners and the investigation is still pending. Hence, he opposed for grant of bail to the petitioners.

5. Taking into consideration of the facts and circumstances of the case and also the fact that there are no previous case pending against the petitioner and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate -II, Kumbakonam, and on further conditions that :- 3/6

[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 1st petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. The 2nd petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 09.01.2026 msrm To

1. The learned Judicial Magistrate -II, Kumbakonam

2. The Superintendent, Sub Jail, Pudhukottai.

3. The Inspector of Police, Kumbakonam Taluk Police Station, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.373 of 2026 Date : 09.01.2026 6/6