Amsa v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2026

CORAM

THE HONOURABLE MRS JUSTICE S.SRIMATHY CRL OP(MD) NO. 814 of 2026 Amsa Petitioner(s) Vs The State of Tamilnadu Rep by Inspector of Police, Kumbakonam Taluk, Police Station, Thanjavur District.

(In Crime No.412 of 2025) Respondent(s) For Petitioner(s):

Mr.M.Yesudasan For Respondent(s):

Mr. E.Antony Sahaya Prabahar Additional Public Prosecutor Prayer: For Bail in Crime No. 412 /2025 on the file of the respondent police.

ORDER

The petitioner/A-7, who was arrested and remanded to judicial custody on 19.11.2025 for the offences punishable under Sections 194(3) of BNSS @ 80, 85 of B.N.S (174 Cr.P.C. @ 304 B, 498A of IPC) in Crime No. 412 of 2025, on the file of the respondent police, seeks bail. 1/4

2. The case of the prosecution is that the deceased is daughter of the defacto complainant and wife of A-1. Due to matrimonial dispute, the deceased has committed suicide. Hence, this case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submits that the petitioner is a senior citizen. However, she arrested and remanded into judicial custody on 19.11.2025. Therefore, she prays for the grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the petitioner has insisted to commit suicide.

5. Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

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6. Accordingly, the petitioner is ordered to be released on bail, on executing a 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 Court-II, Kumbakonam and on further conditions that, a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

b) the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. c)the petitioner shall not tamper with evidence or witness;

d)the petitioner shall not abscond during 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 3/4

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 of BNS.

02.02.2026 KSA To

1. The Judicial Magistrate Court-II, Kumbakonam.

2. The Superintendent, Central Women Prison, Trichy.

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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