K.Samy v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.08.2025 PRESENT The Hon`ble Mr.Justice P.VADAMALAI K.Samy ... Petitioner/ Accused Vs The State of Tamilnadu rep. by The Inspector of Police, Usilampatti Town Police Station, (Crime No.74 of 2025) ... Respondent/ Complainant For Petitioner : Mr.P.Praveenkumar, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) PETITION FOR BAIL Under Section 483 B.N.S.S.

PRAYER :- For Bail in Crime No.74 of 2025 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 1/6

02.07.2025 for the offence punishable under Section 194(3) BNSS altered into Section 194(1) BNSS altered into Section 108(1) BNS in Crime No.74 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the deceased Subitha, who is the daughter of the defacto complainant, had married the petitioner without consent of her parents and after marriage, the petitioner and his family members harassed the deceased Subitha and demanded dowry from her. Due to which, the deceased Subitha had committed suicide by hanging. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and that a false case has been lodged as against the petitioner. He would further submit that the respondent police had removed the family members of the petitioner from the case. 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 02.07.2025 nearly 42 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) appearing for the 2/6

respondent would submit that the petitioner is the husband of the deceased Subitha, that the petitioner had harassed the deceased Subitha by demanding dowry, for which, the defacto complainant gave 13 sovereigns of gold jewels and thereafter also, he demanded additional dowry and harassed the deceased Subitha and at the instigation of the petitioner, the deceased Subitha committed suicide and that inlaws of the deceased Subitha have been removed from this case. He would submit that postmortem certificate reveals that the deceased Subitha sustained injuries all over the body. Hence, he objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and considering the fact that it is a case of matrimonial dispute and also the facts that by this time, most of the investigation might have been completed and taking note of the fact that the petitioner remanded into judicial custody on 02.07.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, 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 the Judicial Magistrate No.1, 3/6

Usilampatti 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 Judicial Magistrate No.1, Usilampatti. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.1, Usilampatti; [c] the petitioner shall appear and sign before the respondent police daily at 10.00 a.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;

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial 4/6

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

sd/- 13/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM TO

1. The Judicial Magistrate No.1, Usilampatti.

2. Do through the Chief Judicial Magistrate, 5/6

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Usilampatti Town Police Station,

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

ORDER

IN CRL OP(MD) No.13544 of 2025 Date :13/08/2025 PR/14.08.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6