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Madras High CourtCRL OP(MD)/15530/2025granted

M.Gopirajan v. The State Of Tamil Nadu, Rep. By Its The Inspector Of Police,

2025-09-18Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :18.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY M.Gopirajan ... Petitioner/ A1 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Alanganallur Police Station Madurai District (Crime No.295 of 2025) ... Respondent/Complainant For Petitioner : Mr.Aayiram K.Selvakumar For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.295 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 19.08.2025 for the offences punishable under Section 108 of BNS in Crime No.295 of 2025 on the file of the respondent police. seeks bail.

2. A1 is the husband of the deceased.A2 is the mother of A1, A3 is the daughter of A1. A4 is the husband of A3. The case of the prosecution is that the marriage between A1 and the deceased took place in the year 2014 and at the time of marriage the defacto complainant presented 90 sovereigns of gold jewels, two wheeler and house hold articles and out of the wedlock they have no issues. The accused persons tortured the deceased After few days of marriage the defacto complainant started constructing a house for his daughter, however the continued harassment.. The accused persons compelled the deceased to agree for sale of house. As the deceased refused for selling the house A1 filed HMOP before the Family Court and arranged for second marriage. The deceased after coming to know about the same committed suicide writing suicide note mentioning the name of the accused persons Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 19.087.2025. He would further submit that the deceased is the wife of A1 and they have no issues. Since A1 filed HMOP before the Family Court due to mental depression she committed suicide and the petitioner is no way connected with the said crime. He would further submit that this is not the first time the deceased trying to commit suicide she had done it on four occasions. Both A1 and the deceased are living separately for 1 1⁄2 years. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the deceased committed suicide due to the harassment made by the accused persons by leaving a suicide note, wherein she has mentioned the names of all the accused person., hence he opposed for grant of bail to the petitioner.

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5. Taking into consideration of the facts and circumstances of the case and also taking in to consideration the period of incarceration suffered by the petitioner , 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, 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 mobile number to the learned Judicial Magistrate, Vadipatti [c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate, Vadipatti [d] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. 4/6

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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].

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

18.09.2025 aav To

1. The Judicial Magistrate, Vadipatti

2. The Superintendent, Central Prison, Madurai

3. The Inspector of Police, Alanganallur Police Station Madurai District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

S.SRIMATHY,J.

aav

ORDER

IN CRL OP(MD) No.15530 of 2025 Date :18.09.2025 6/6