Elaiyaraja v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Elaiyaraja

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Panthanallur Police Station Thanjavur.

(Crime No. 87 of 2026 )

...Respondent/Complainant

For Petitioner : M/s.M.Niranjana Devi Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 87 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- 1/6

The petitioner / Accused, who was arrested and remanded to judicial custody on 03.03.2026 for the offences punishable under Sections 296(b), 85 & 79 of BNS @ Sections 296(b), 85, 79, 108 of BNS in Crime No. 87 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant and the petitioner are wife and husband. Due to quarrel between them, the defacto complainant set fire herself on 27.02.2026 and she died on 06.03.2026 without responding to the medical treatment. Hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 03.03.2026. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner quarreled with the defacto complainant daily in inebiriated condition and hence, the defacto 2/6

complainant set fire herself. He would further submit that the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence and allegations levelled against the petitioner, and considering the facts that the petitioner has no previous case and even as per the prosecution, there are frequent quarrels between them and there is no any specific overt-act attributed as against the petitioner to induce the defacto complainant to commit suicide and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released 3/6

on bail on condition to execute 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 District Munsif cum Judicial Magistrate, Thiruvidaimaruthur and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

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].

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

(P D B J) 01.04.2026 apd To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur. 2.The Inspector of Police, Panthanallur Police Station Thanjavur.

3. The Superintendent, Sub Jail, Tiruvidaimaruthur. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 6426 of 2026 Date : 01.04.2026 6/6