In a criminal original petition filed before the Madras High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking bail for the petitioner (husband) who was arrested and remanded to judicial custody on 17-04-2025 for allegedly committing an offence under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (BNS), a Single Judge Bench of Justice C. Kumarappan granted bail to the husband, subject to certain conditions.
On 16-04-2025, the petitioner’s wife questioned him regarding his intimacy with another lady, and the discussion ended up in a quarrel because of which the husband ultimately assaulted his wife with a deadly weapon and murdered her.
The husband submitted that he was arrested on 17-04-2025 and that this Court had earlier dismissed a bail application, directing the Trial Court to dismiss the matter within 6 months. However, it was contended that the Trial Court had not yet conducted the examination of witnesses.
Considering that the trial could not be completed within 6 months, the Court granted bail to the husband, subject to certain conditions. He was directed to execute a bond for Rs. 25,000/- with two sureties. The sureties were directed to affix their photographs and left thumb impressions to the application for suretyship. The husband was directed to report before the Trial Court on every hearing until further orders. Further, he was directed not to abscond and not to tamper with evidence or witnesses.
Lastly, the Court held that the Magistrate/Trial Court was entitled to pass appropriate orders against the husband on breach of any of the conditions, and that if the husband absconds, a fresh FIR can be registered against him under Section 269 of BNS.
Appearances:
For Petitioner – M/s. W. Camyles Gandhi
For Respondents – Mr. S. Vinoth Kumar (GA)
