Nisha @ Parveen Nisha v. State, Represented by the Inspector of Police Station,

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

26.04.2026 for the alleged offences under Section 103 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.131 of 2026 on the file of the respondent police, seek bail.

¶2It is the case of the prosecution that, since the deceased had failed to repay a sum of Rs.14 lakhs borrowed from the first accused, the petitioner, who is the third accused and the wife of the first accused, kept watch over the movements of the deceased and informed the same to the first accused. It is further alleged that, acting on such information and in furtherance of their common intention, the first and second accused attacked the deceased with a pair of scissors, resulting in his death. 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 the date of her arrest and is ready to abide by any stringent conditions that may be imposed by this Court. It is his specific submission that the only overt act attributed to the petitioner is that she had informed the first accused about the movements of the deceased and that she was not involved in the actual assault or in causing any injury to the deceased. 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 investigation is still pending. He would, however, fairly submit that the petitioner has no criminal antecedents.

¶5Though the investigation is still pending, considering the totality of the circumstances, the limited overt act attributed to the petitioner, the fact that the petitioner is a woman, the fact that the petitioner has no criminal antecedents, and also the fact that no overt act has been attributed to the petitioner insofar as the actual assault on the deceased is concerned, 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 No.II, Tiruvallur, 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. until further orders; [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.

08.07.2026 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 No.II, Tiruvallur

¶2The Superintendent, Special Prison for Women, Puzhal

¶3The Inspector of Police, Sevvapet Police Station, Tiruvallur District

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

08.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Nisha @ Parveen Nisha ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Sevvapet Police Station, Tiruvallur District. ... Respondent(s) Crime No.131 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.131 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.R.Parthiban For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)