Sakayadevi v. State of Tamilnadu Rep by Sub Inspector of Police, Elayangudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.07.2026 PRESENT THE HONOURABLE MR.JUSTICE K. RAJASEKAR Sakayadevi ... Petitioner / Accused No.1

Versus The State of Tamil Nadu, Rep by the Inspector of Police, Elayangudi Police Station, Sivagangai District. (Crime No.323 of 2025) ... Respondent/Complainant PRAYER :-Criminal Original Petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to enlarge the petitioner on bail in the event of arrest in Crime No.323 of 2025 on the file of the respondent police, or on his appearance. For Petitioner : Mr.S.Loius

For Respondent : Mr.J.Vishnu Government Advocate (Criminal Side) ORDER : The Court made the following order :- The petitioner, who apprehends arrest in connection with Crime No.323 of 2025 on the file of the respondent police, registered for the offences punishable under Section 108 of BNS, 2023, seeks the relief of anticipatory bail.

¶2The case of the prosecution is that the petitioner, along with the other accused, allegedly threatened the deceased, who was their relative, with dire consequences since she refused to accept the marriage proposal. Unable to bear the humiliation and mental distress allegedly caused by the conduct of the accused, the deceased committed suicide. Based on the said allegations, the present case has been registered against the petitioner.

¶3The learned counsel appearing for the petitioner submitted that a false case has been foisted against the petitioner. He further submitted that there are no previous cases against the petitioner. He also submitted that the petitioner is ready and willing to cooperate with the investigation and abide by any condition that may be imposed by this Court. Hence, he prayed for the grant of anticipatory bail.

¶4Per contra, the learned Government Advocate (Criminal Side) reiterated the prosecution case and submitted that, during the course of investigation, the dying declaration and the materials collected have disclosed the specific role played by each of the accused. He further submitted that, in view of the subsequent materials collected during investigation, the offence has now been altered to under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from the earlier offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023. Therefore, he opposed the grant of anticipatory bail.

¶5This Court has carefully considered the rival submissions and perused the materials available on record.

¶6Though the offence has now been altered to one under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from the earlier offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023, and allegations have been levelled against the petitioners, this Court is of the view that custodial interrogation is not warranted at this stage. Accordingly, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Elayangudi, Sivagangai District on condition that the petitioner shall execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate concerned and on further conditions that:

(a) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks, and thereafter as and when required for the interrogation;

(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned 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]; and

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 269 of BNS, 2023.

20.07.2026 pal To

1.The Judicial Magistrate, Elayangudi, Sivagangai District.

2.The Inspector of Police, Elayangudi Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD)No.14827oofo2026 oK.oRAJASEKARoo,Jo. ooooooooooooooooooooooooooooooooooooooooooooopal ORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.14827oofo2026 Dateoo:o20.07.2026