Citation : 2026 Latest Caselaw 2728 Mad
Judgement Date : 21 May, 2026
CRL OP No. 13672 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP NO. 13672 OF 2026
Periyanayagi,
S/o.Sekar,
No.39/12, Vatta Vadu Nagar,
Anna Nagar Western Extn,
Ambattur,
Tiruvallur District. ..Petitioner / A9
Vs
The State rep by,
The Inspector of Police
Arakandanallur Police Station,
Villupuram District.
(Crime No.74 of 2026)
..Respondent/
Complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to
the petitioner in Crime No.74 of 2026 on the file of the respondent-police.
For Petitioner : Mr.R.Thamarai Selvan
For Respondent : Mr.L.Baskaran,
Government Advocate (Criminal Side)
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CRL OP No. 13672 of 2026
ORDER
This Criminal Original Petition has been filed by the petitioner on
11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023 praying to grant bail.
2. The petitioner / A9 was arrested and remanded to judicial custody
on 11.04.2026 for the alleged offences punishable under Section 194(1) of
BNSS @ Sections 103(1), 238, 49, 61(2) of BNS, 2023, in Crime No.74 of
2026 on the file of the respondent-police.
3. The case of the prosecution is that the deceased, a film director, was
previously in a relationship with the first accused (A1), Pooja. Following a
misunderstanding, A1 ended the relationship and became involved with the
second accused (A2). However, the deceased allegedly persisted in his
demands for marriage and issued threats to A1. Consequently, A1 is
alleged to have entered into a criminal conspiracy with A2 and other
accused persons to commit the murder of the deceased. Hence, this case.
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4. Mr.R.Thamarai Selvan, learned counsel for the petitioner, submits
that the petitioner is an innocent person and she has not committed any
offence as alleged by the prosecution. He further submits that the petitioner
has been in judicial custody since 11.04.2026. He further submits that the
co-accused have already been released on bail by this Court in
Crl.O.P.Nos.12477 and 13223 of 2026 dated 14.05.2026 and 20.05.2026
respectively. He further submits that the petitioner is ready to abide by any
stringent conditions that may be imposed by this Court. He therefore prays
to grant bail to the petitioner.
5. Per contra, Mr.L.Baskaran, learned Government Advocate
(Criminal Side) appearing for the respondent-police, submits that there are
totally 10 accused and the petitioner is arrayed as A9. He further submits
that the occurrence said to have taken place on 07.03.2026 and FIR was
registered on the same day. It is case of pre-planned murder. He further
submits that the investigation is still pending and accordingly, he prays for
the dismissal of this petition.
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6. Heard on both sides. This Court has perused the materials
available on record.
7. The petitioner was arrested on 11.04.2026. Considering the facts
and cumulative circumstances of the case and also taking note of the
period of incarceration undergone by the petitioner/A9, this Court is of the
view that one more opportunity may be given to the petitioner to reform
herself. Hence, this Court is inclined to grant bail to the petitioner, subject
to the following conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees
Twenty Five Thousand only) along with two sureties each for a like sum of
Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the
learned Judicial Magistrate, Thiruvennainallur.
(ii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019]. The learned Judicial
Magistrate, Thiruvennainallur, shall obtain a copy of any one of their
identity proofs to ensure their identity.
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(iii) The petitioner shall Stay at Tindivanam Town and sign
before the learned Judicial Magistrate No.I, Tindivanam, daily at
10.30 a.m., and 05.30 p.m., until further orders.
(iv) The petitioner shall furnish her residential address and mobile
numbers to the learned Judicial Magistrate, Thiruvennainallur.
(v) The petitioner shall attend in accordance with the conditions of
the bond to be executed under Chapter XXXV of BNSS, 2023.
(vi) The petitioner shall not commit an offence similar to the offence
of which she is accused, or suspected, of the commission of which she is
suspected.
(vii) 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 dissuade them from disclosing such facts to the Court or
to any police officer or tamper with the evidence.
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(viii) The petitioner shall also not directly or indirectly, cause any
threat to the defacto complainant, victims, and witnesses.
(ix) The petitioner shall not enter into the defacto complainant's
house or his work place.
(x) The petitioner shall not try to contact the defacto complainant,
victims, and witnesses either directly or through any electronic mode.
(xi) On breach of any of the aforementioned conditions, the learned
Judicial Magistrate, Thiruvennainallur or Trial Court is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by them as laid down by the
Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC
283].
8. Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
21-05-2026 cda
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Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All 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
1.The Judicial Magistrate, Thiruvennainallur.
2.The Judicial Magistrate No.I, Tindivanam.
3. The Superintendent of Prison, Central Prison, Cuddalore.
4. The Inspector of Police, Arakandanallur Police Station, Villupuram District.
5. The Public Prosecutor, High Court, Madras.
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R.SAKTHIVEL, J.
cda
CRL OP NO.13672 OF 2026
21-05-2026
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