Selvakumar v. The State Of Tamilnadu Rep By The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Selvakumar, S/o.Chinnathambi,

...Petitioner/ Accused

Vs The State of Tamilnadu rep.by The Inspector of Police, Vadipatty Police Station, Madurai District.

(Crime No.153 of 2025) .. Respondent/Complainant For Petitioner : Mr.R.Ilayaraja Advocate For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.153 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody 1/6

on 04.06.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS and 4 of TNPHW Act altered into under section 108 of BNS again altered into Section 103(1) of BNS in Crime No.153 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complainant's daughter is the wife of this petitioner. This petitioner suspected the character of his wife and he often quarrelled with her wife and harassed her by stating that she could not give birth of male child. On 29.05.2025, this petitioner has assaulted his wife with burning log at her private parts and beaten her with wooden log and broken her right leg, she sustained severe injuries and admitted in hospital. On 03.06.2025, the defacto-complainant's daughter died at hospital. Hence, the case.

3. The learned counsel for the petitioner would submit the deceased developed extra marital affair with another person and though the petitioner warned her, she has not mended her ways. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 04.06.2025 nearly 68 days. 2/6

Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that this petitioner is the husband of the deceased, they have three female children. This petitioner have harassed her wife stating that she could not give birth to a male child and also this petitioner suspected the character of his wife. On 29.05.2025, this petitioner has assaulted his wife with burning log at her private parts, beaten her with the wooden log and broken her leg. The deceased sustained severed injuries and admitted in hospital. On 03.06.2025, the defacto-complainant's daughter died at hospital. This petitioner alone committed the offence and hence A2 and A3 i.e., father and mother of this petitioner names were deleted from the FIR. It is a case of brutal murder. There is no previous case against this petitioner. However, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, initially A2 and A3 names were added in the FIR and subsequently their names were deleted from the FIR, this petitioner is in judicial custody from 04.06.2025, by this time most of the investigation might have been completed, there is no previous case against this petitioner, taking into 3/6

consideration of the period of incarceration, this court is inclined to grant bail to the petitioners, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate Court, Vadipatti and on further conditions that :- [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 petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court, Vadipatti. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate Court, Vadipatti;

[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m., and 05.00p.m., until further orders. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

4/6

[f] 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 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.

sd/- 12/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

gvn TO

1. The Judicial Magistrate Court, Vadipatti.

2. Do through the Chief Judicial Magistrate, Madurai.

3. The Superintendent, Central Prison, Madurai.

5/6

4. The Inspector of Police, Vadipatty Police Station, Madurai District.

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

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-8691[I] dated 12/08/2025 )

ORDER

IN CRL OP(MD) No.13459 of 2025 Date :12/08/2025 PS/SAR.12.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6