Murugesan v. State Rep. by the Inspector of Police,

ORDER The petitioner, who was arrested and remanded to judicial custody on

19.06.2026 for the alleged offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.158 of 2026 on the file of the respondent police, seeks bail.

¶2It is the case of the prosecution that the petitioner and the deceased were initially in a relationship and that, following a wordy quarrel between them, the deceased committed suicide by hanging, allegedly leaving behind a suicide note. Hence, the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in custody since 19.06.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. It is the specific submission of the learned counsel for the petitioner that the co-accused has already been granted anticipatory bail vide order dated 14.07.2026 passed by this Court in Crl.O.P.No.18393 of 2026 and, therefore, the petitioner is also entitled to be enlarged on bail on the ground of parity. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the deceased had left behind a suicide note, wherein it has been stated that the reason for committing suicide was the petitioner's failure to return his 2½ sovereigns of gold chain and a sum of Rs.50,000/-. However, he fairly submitted that the petitioner has no criminal antecedents.

¶5On a perusal of the alleged suicide note, it is seen that, except the allegation relating to the non-return of the gold jewels and the sum of Rs.50,000/-, no other serious allegation levelled against the petitioner. Considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no criminal antecedents, the fact that the co-accused has already been granted anticipatory bail, and also the fact that the petitioner's further custody may not be necessary for the purpose of investigation as, by this time, a major portion of the investigation might have been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶6Accordingly, the petitioner is ordered to be released on bail on their 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 learned Judicial Magistrate, Paramathi, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

21.07.2026 skr Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

¶1The learned Judicial Magistrate, Paramathi

¶2The Superintendent, Central Prison, Salem

¶3The Inspector of Police, Velur Police Station, Namakkal District.

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

21.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Murugesan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Velur Police Station, Namakkal District. ... Respondent(s) Crime No.158 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.158 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.W.Camyles Gandhi For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)