Sarathkumar v. State Of Tamilnadu Rep By Inspector Of Police, Kenikkarai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY

1. Sarathkumar

2. Ponnusamy

3. Saravanakumar

4. Muthukumar ... Petitioners/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

(Crime No.380/2025) ... Respondent/Complainant For Petitioners : Mr.K.Navaneetharaja For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.380 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 17.11.2025 for the offences punishable under Sections 194(3)(iv) of BNSS and Sections 103(1), 189(2), 61(2), 296(b) and 115(2) of BNS, r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Womens Act in Crime No.380 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the de facto complainant is a Village Administrative Officer. Based on the information received from his Assistant, they proceeded to the place of occurrence and found the deceased lying with injuries on her hand and neck. She was immediately sent to the Government Hospital, Ramanathapuram, by ambulance, where the doctor, upon examination, declared her brought dead. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offences 2/6

as alleged by the prosecution. He further submitted that the petitioners are in judicial custody from 17.11.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the offences committed by the accused are serious in nature. He furthr submitted that the investigation is still in progress. Therefore, he opposed for grant of bail to the petitioners.

5. The specific overt act against the first petitioner is that he attacked his wife and petitioners 2 to 4 attacked along with the first petitioner. Initially, the case was registered under Section 194(3)(iv) of BNSS, subsequently the same was altered to Section 103(1) of BNS against thet deceased's husband and was further altered to Sections 103(1), 189(2), 61(2), 296(b) and 115(2) of BNS, r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Womens Act. Considering the facts and circumstances of the case 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: 3/6

6. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram, and on further conditions that :- [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioners shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioners shall not abscond 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 4/6

with law as if the conditions have been imposed and the petitioner is 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 BNS.

(S S Y J) 20.01.2026 jbr TO

1. The Judicial Magistrate No.II, Ramanathapuram.

2. The Superintendent, District Jail, Ramanathapuram

3. The Inspector of Police, Kenikkarai Police Station, Ramanathapuram District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.511 of 2026 Date : 20/01/2026 6/6