S.Sathishkumar v. The State Rep. By, the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody for the alleged offences under Section 194 of BNSS and subsequently altered to Section 108(1) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.223 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 in an extra-marital relationship. Subsequently, a quarrel arose between them, resulting in the deceased committing suicide. 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 is ready to abide by any stringent conditions that may be imposed by this Court. 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 a major portion of the investigation has already been completed and that the petitioner has no criminal antecedents. He further submitted that the second accused is still in judicial custody.

¶5The learned counsel for the Intervenor, by inviting the attention of this Court to the suicide note, would contend that there was an age difference of about 20 years between the petitioner and the deceased and that the second accused is the husband of the deceased. According to him, since the deceased was in an extra-marital relationship with the petitioner, she committed suicide.

¶6While perusing the suicide note, though there are certain allegations with reference to the second accused, as far as this petitioner is concerned, there is no specific reference against him. Further, the petitioner has been under incarceration since 19.06.2026. Hence, considering the totality of the circumstances, the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, the fact that there is no specific allegation against the petitioner in the suicide note, and also the fact that a major portion of the investigation has already been completed, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶7Accordingly, 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, Thiruvottiyur 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 learned Judicial Magistrate, Thiruvottiyur everyday at 10.30 a.m. for a period of two weeks; [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.

30.07.2026 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, Thiruvottiyur

¶2The Superintendent, Puzhal Central Prison

¶3The Inspector of Police, M6 Manali Police Station, Red Hill District.

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

30.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN S.Sathishkumar ... Petitioner(s) Vs. The State rep. by the Inspector of Police, M6 Manali Police Station, Red Hill District. ... Respondent(s) Crime No.223 of 2026 K.Anandhan … Intervenor(s) [permitted to intervene vide order dated 30.07.2026] PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.223 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.A.Balakumar For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) For Intervenor : Mr.S.Rooban Kumar