Selvakumar vs The State Rep by The Inspector of Police, Anaikaranchathiram Police Station

The petitioner, who was arrested and remanded to judicial custody on 21.07.2026 for the alleged offences punishable under Sections 193(4) BNSS @ 108 BNS r/w 67 IT Act, in Crime No.244 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant’s daughter was in a relationship with the petitioner and intended to marry him. Since the petitioner started suspecting and harassing the defacto complainant’s daughter, she refused to marry him. However, the petitioner continued to harass her, due to which, she committed suicide. Hence, the case was registered.

The learned counsel appearing for the petitioner submits that the petitioner is innocent of the allegations and has been falsely implicated in this case. He further submits that the petitioner has no previous cases of similar nature pending against him and has been in continuous judicial custody since 21.07.2026.

The learned Government Advocate (Crl.side) appearing for the respondent vehemently opposes the grant of bail. He however concedes that there are no previous cases of similar nature pending against the petitioner.

Hearing both sides and perused the materials available on record.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner from 21.07.2026, and taking note of the fact that there are no previous cases of similar nature pending against the petitioner, this Court is inclined to grant bail to the petitioner.

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 Judicial Magistrate, Sirkali, and on further conditions that:

[a] the sureties shall affix his 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 his identity;

[b] The petitioner shall report before the respondent police daily at 10:30 A.M. for a period of 30 days and thereafter as and when required for interrogation;

[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.