Monisha v. The State Rep By, the Inspector of Police

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

01.04.2026, for the offences punishable under Sections 194 of BNSS altered to Section 103 of BNS, 2023 (corresponding to Sections 174 Cr.P.C @ 302 of IPC) Crime No. 75 of 2026, registered on the file of the respondent police, seeks bail. Page2 of 6

¶2The case of the prosecution is that based on the complaint lodged by the defacto complainant, who is the father of deceased Krishnamoorthy, who is husband of petitioner herein/A1, FIR has been registered initially under Section 194 of BNSS and later, altered to Section 103 of BNS, 2023. It is alleged in the FIR that on 29.03.2026 at about 1.00 am., the petitioner informed the defacto complainant over phone that her husband was sick and vomiting due to consumption of alcohol. Later, he informed that his son was died. Hence, the case.

¶3Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and she has been falsely implicated in this case. He would further submit that the petitioner was arrested and is in judicial custody from 01.04.2026. He also submitted that petitioner is having two children aged about 5 and 6 years old and she is the only person was taking care of them. Hence, he prayed to grant bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner, who is arrayed as A1 in this case, is the wife of deceased. There are totally three accused in this case. He would submit that petitioner was having illicit relationship with A2. He also submit that petitioner along with A2 strangulated the deceased using a chudithar shawl and committed the murder. He further submitted that investigation in this case is pending and they are awaiting 65(B) certificate. Hence, he opposed to Page3 of 6 grant bail to the petitioner.

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

¶6Considering the rival submissions made by the learned counsel on either side, the nature of the offences, the specific overt act attributed against the petitioner, considering the period of incarceration undergone by the petitioner, considering the fact that the petitioner has 2 tender-aged children and also considering the fact that no previous case is pending against the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on her 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 Judicial Magistrate No.III, Vellore and on further conditions that:- [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to Page4 of 6 dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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. 13-05-2026 Index: Yes/No Speaking/Non-speaking order nr To

¶1Judicial Magistrate No.III, Vellore.

2.The Inspector of Police Veppankuppam Police Station, Vellore.

¶3Central Women Prison, Thorapadi, Vellore.

¶4The Public Prosecutor, Madras High Court, Chennai. Page5 of 6 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. CRLoOPoNo.o12059oofo2026 P.DHANABAL,oJ. nr CRLoOPoNo.o12059oofo2026 13-05-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-05-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL Monisha ..Petitioner(s) Vs The State Rep By, The Inspector of Police Veppankuppam Police Station, Vellore. Crime No.75 of 2026. ..Respondent(s) PRAYER: - The Criminal Original Petition is filed under Section 483 of BNSS, praying to enlarge the petitioner on bail in Crime No.75 of 2026 on the file of the respondent. For Petitioner(s): M.R.Thangavel For Respondent(s): R.Vinoth Raja Government Advocate (Crl.side)