L.Gokul vs State rep by, Inspector of Police

The petitioner, who was arrested and remanded to judicial custody on 19.09.2026 for the alleged offence under Section 194 of BNS, 2023 altered under Section 49 r/w 108 of BNS, in Crime No.249 of 2026 on the file of the respondent, seeks bail.

The case of the prosecution is that the petitioner and another accused allegedly abused and harassed the defacto complainant’s mother due to disputes arising out of their relationship, following which she committed suicide. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He further submitted that there are no specific materials to establish that the petitioner intentionally abetted the deceased to commit suicide. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the deceased was allegedly in a relationship with the petitioner and another accused and that, due to disputes arising therefrom, they abused her, following which she committed suicide. He further submitted that the petitioner has no criminal antecedents. Hence, he opposed to grant bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and also perused the materials available on record.

This is a case of suicide. The prosecution case is that the deceased was a married woman, though deserted by her husband, and that she had an illicit relationship with the first accused even prior to her marriage and thereafter, while simultaneously having a relationship with the second accused. It is alleged that the first and second accused joined together questioned the deceased about her misbehaviour, and that, the deceased committed suicide. The Petitioner was arrested on 19.09.2026. Considering the nature of the allegations, the period of incarceration of the petitioner and that the petitioner has no criminal antecedents, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, Chennai – 08, and on further conditions that:

[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 daily 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.