Jeyabalan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.03.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Jeyabalan ... Petitioner/Accused No.1 Vs The State of Tamil Nadu, Rep. by the Inspector of Police, Dindigul Taluk Police Station, Dindigul District.
Crime No.32 of 2025 ... Respondent/Complainant For Petitioner : Mr.M.Manimuthu Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For bail in Crime No.32 of 2025 on the file of the respondent-police. ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 07.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.
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2. The petitioner/A1 was arrested and remanded to judicial custody on 07.02.2025 for the alleged offences punishable under Section 194(3)(i) of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 altered into Section 108 of Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.32 of 2025 on the file of the respondent-police.
3. The case of the prosecution is that the defacto complainant's daughter was married to the petitioner (A1), and they were living separately. While so, on 17.01.2025, at about 01.15 p.m., the defacto complainant received shocking news that her daughter had committed suicide by hanging herself. Upon investigation, it was revealed that the petitioner (A1), along with his parents and sister, had been torturing the deceased and abetting her to commit suicide. Hence, the case.
4. Mr.M.Manimuthu, learned counsel appearing for the petitioner, submits that the petitioner did not commit any offence as alleged by the prosecution and that he has been falsely implicated in this case. He further submits that the petitioner has been in judicial custody since 07.02.2025 and is ready to abide by any condition that may be imposed by this Court. He therefore prays to grant bail to the petitioner. 2/7
5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Crl. Side) appearing for the respondent-police, submits that the investigation has not been completed and only six witnesses have been examined by the Investigating Officer. He further submits that the investigation conducted so far reveals that the daughter of the defacto complainant committed suicide due to the torture inflicted by the petitioner (A1) and his family members. He also submits that if the petitioner is enlarged on bail, he may pose a threat to the defacto complainant and the witnesses and may also tamper with the evidence. Accordingly, he prays to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records including the RDO Enquiry Report.
7. The petitioner was arrested on 07.02.2025 and has been in judicial custody since then. The petitioner is none other than the husband of the deceased. The petitioner and the deceased got married eight months prior to the date of occurrence and were living separately. In view of the RDO Enquiry Report and the period of incarceration, this Court is of the opinion that the further custody of the petitioner is not necessary for the investigating agency in this case. Hence, this Court is inclined to 3/7
grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned Judge, Additional Mahila Court, Dindigul;
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Judge, Additional Mahila Court, Dindigul shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned Judge, Additional Mahila Court, Dindigul; (iv) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. and 05.00 p.m., until further orders; 4/7
(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(viii) The petitioner shall not directly or indirectly cause any threat to the defacto complainant, her family members, and witnesses; (ix) On breach of any of the aforementioned conditions, the learned Judge, Additional Mahila Court, Dindigul is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
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8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 25/03/2025 / TRUE COPY / 25/03/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
MBI TO 1 THE JUDGE, ADDITIONAL MAHILA COURT, DINDIGUL.
2 THE INSPECTOR OF POLICE, DINDIGUL TALUK POLICE STATION, DINDIGUL DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.J.THIRUPATHIRAJ, Advocate ( SR-3378[I] dated 25/03/2025 ) 6/7
ORDER
IN CRL OP(MD) No.4445 of 2025 Date :25/03/2025 SS/SAR- /25/03/2025/ 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7