V.Dharmaraj v. The State Rep by Its

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

04.01.2026, for the offences punishable under Sections 194 of BNSS 2023, and altered into Section 108 of BNS in Crime No. 589 of 2024, registered on the file respondent police, seeks bail.

¶2The allegation against the petitioner is that the petitioner was a former friend of the deceased victim in this case and recently developed a relationship with the deceased victim girl, and on the basis of the relationship, demanded her to send photographs and other images, and continuously harassed and threatened her which resulted in, she had committed suicide by hanging. Hence, the case was registered and the petitioner was arrested on 04.01.2026.

¶3The learned counsel for the petitioner submitted that the case was registered in the year 2024. He further submitted that the petitioner is in judicial custody nearly 50 days i.e., from 04.01.2026. He further submitted that the petitioner is ready to abide any condition imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that investigation in this case is pending. He opposed for grant of bail to the petitioner.

5.Heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances of the case, that the period of incarceration undergone by the petitioner from 04.01.2026; that the case was registered in the year 2024 and a major part of the investigation is concluded; that though the petitioner is having two previous cases under gambling Act; this Court is inclined to grant bail to the petitioner with certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem, and on further conditions that: [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 station everyday at 10:30 a.m., for a period of two weeks and thereafter, as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

13.02.2026 MSM Index:Yes/No Speaking/Non-speaking order Internet:Yes

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

1.The Judicial Magistrate No.II, Salem.

2.The Superintendent, Central Prison, Salem.

3.The Public Prosecutor High Court of Madras.

4.The Inspector of Police, Kitchipalayam Police Station Salem City Crime No. 589 of 2024.

K.RAJASEKAR J. MSM Crl.O.P.No. 3644 of 2026

13.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2026 CORAM THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No. 3644 of 2026 V.Dharmaraj ... Petitioner Vs. The State represented by The Inspector of Police, Kitchipalayam Police Station Salem City Crime No. 589 of 2024. ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, to enlarge the petitioner on bail in Crime No. 589 of 2024 on the file of respondent police. For Petitioner : Mr.R.C. Paul Kanagaraj For Respondent : Ms.J.R.Archana Government Advocate (Crl. Side)