Madras High Court affirms its inherent power post-investigation to grant bail in alleged murder cases, upholding P.K. Shaji (2005) 13 SCC 283; binding on all subordinate courts
Summary
| Category | Data |
|---|---|
| Case Name | CRL OP/23533/2025 of GAJENDHIRAN Vs The State rep by The Inspector of Police |
| CNR | HCMA011865202025 |
| Date of Registration | 21-08-2025 |
| Decision Date | 25-08-2025 |
| Disposal Nature | GRANTED |
| Judgment Author | Dr. Justice G. Jayachandran |
| Court | Madras High Court |
| Bench | Single-Judge Bench |
| Precedent Value | Binding on subordinate courts; persuasive for other High Courts |
| Overrules / Affirms | Affirms precedent in P.K. Shaji vs. State of Kerala (2005) 13 SCC 283 |
| Type of Law | Criminal Procedure – Bail under BNS 2023 |
| Questions of Law | Whether bail can be granted under Section 483 BNS, 2023 after investigation completion and final report |
| Ratio Decidendi | The High Court held that once investigation is complete and the final report is filed, even serious offences may be considered for bail under Section 483 BNS, 2023. Since the matter is no longer at the PRC stage, the court’s inherent jurisdiction is enlivened. The court imposed identifiable-surety conditions and periodic reporting, reaffirming the principles in P.K. Shaji for safeguarding attendance and public interest. |
| Judgments Relied Upon | P.K. Shaji vs. State of Kerala (2005) 13 SCC 283 |
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Court relied on its discretionary inherent powers under Section 483 BNS, 2023 as explained in P.K. Shaji. |
| Facts as Summarised by the Court | The petitioner was arrested for alleged murder (Section 103(1) BNS, equivalent to Section 302 IPC) after a complaint by the deceased’s brother alleging illicit intimacy. The wife of the deceased had deserted him 13 years prior. Investigation was completed and final report filed. |
| Citations | (2005) 13 SCC 283 |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | Other High Courts; Supreme Court |
| Follows | P.K. Shaji vs. State of Kerala (2005) 13 SCC 283 |
What’s New / What Lawyers Should Note
- Confirms that completion of investigation and filing of final report shifts the case beyond the PRC stage, activating inherent bail jurisdiction under Section 483 BNS, 2023.
- Reaffirms that even serious offences under Section 103(1) BNS (equivalent to Section 302 IPC) can be considered for bail post-investigation.
- Specifies strict surety identification requirements (photograph, thumb impression, identity proof) under Judicial Form No. 46.
- Mandates monthly judicial-magistrate reporting until commitment to Sessions Court.
- Affirms reliance on P.K. Shaji for conditions safeguarding attendance and public interest.
Summary of Legal Reasoning
-
Investigation Completion
- Investigation concluded and final report filed; matter no longer at PRC stage.
-
Inherent Jurisdiction under Section 483 BNS, 2023
- Court’s power to grant bail revives once statutory case-preparation stage is over.
-
Precedent in P.K. Shaji
- Applied conditions laid down in P.K. Shaji vs. State of Kerala (2005) 13 SCC 283 for identifiable sureties and reporting obligations.
-
Balancing Public Interest and Liberty
- Despite grave nature of Section 103(1) offences, conditions on sureties and reporting ensure court control.
-
Consequences of Breach
- Breach of conditions authorises cancellation of bail; absconding may invite a fresh FIR under Section 269 BNS, 2023.
Arguments by the Parties
Petitioner
- Arrest based on suspicion; no substantive nexus as investigation found no fresh link.
- Wife had deserted the deceased 13 years ago; allegations are tenuous.
- Investigation complete and final report submitted; continuing custody is unwarranted.
Respondent
- No core submissions recorded in the order.
Factual Background
Gajendhiran was arrested on 19 May 2025 under Section 103(1) BNS, 2023 (equivalent to Section 302 IPC) in Crime No. 104 of 2025, based on a complaint by the deceased’s brother alleging illicit intimacy with the deceased’s wife. The wife had deserted the deceased 13 years earlier. Investigation concluded and the final report was filed; the matter had not yet reached the PRC stage when bail was sought.
Statutory Analysis
- Section 483, BNS 2023: Court’s inherent power to grant bail once investigation is complete and final report filed.
- Section 269, BNS 2023: Fresh FIR may be lodged if the accused absconds after grant of bail.
Procedural Innovations
- Strict identification requirements for sureties via Judicial Form No. 46.
- Monthly reporting condition until commitment to Sessions Court.
- Express direction that breach of conditions equates to recall of bail.
Alert Indicators
- ✔ Precedent Followed
Citations
- P.K. Shaji vs. State of Kerala, (2005) 13 SCC 283.