S. Saravanan vs The State Rep By The Inspector Of Police

The petitioner seeks bail in C.C. No.4217 of 2021 in Crime No.1 of 2011, on the file of the respondent police for the offence under Sections 498(A), 494, 406 r/w 34 of IPC. The petitioner has been remanded to judicial custody on 14.08.2026 on execution of NBW issued against him on 06.07.2026.

It is a case of matrimonial dispute. The petitioner, along with two others is facing trial for the offence under Sections 498(A), 494, 406 r/w 34 of IPC in C.C. No.4217 of 2011 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai.

Learned counsel for the petitioner submitted that the petitioner had been regularly appearing before the Trial Court and only on one occasion, ie, on 06.07.2026, due to his non appearance, an NBW was issued. Pursuant to its execution, the petitioner was arrested on 14.08.2026 and has been in judicial custody since then. Therefore, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the matter was posted for judgment after completion of the trial. However, due to the transfer of the Presiding Officer, the matter was re-opened and posted for arguments. Hence, he opposed for grant of bail to the petitioner.

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

Considering the fact that bail had already been granted to the petitioner and thereafter NBW was issued and immediately, the same has been executed and considering the fact that after completion of investigation, charge sheet has been filed and also considering the nature of the allegations and the stage of the trial and the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner with 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 IX Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety lhip [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 Trial Court everyday at 10.30 a.m., until further orders, without fail.

[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 petitioner 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.