Justice B. Pugalendhi Madras HC BAIL GRANTED Sub-Inspector father held ten monthsin honour killing case granted bail
[ Madras High Court ]

Madurai Bench Grants Bail to Sub-Inspector Father in Honour Killing Case, Cites Ten Months of Pre-Trial Custody and Stayed Proceedings

The Madurai Bench granted bail to a Sub-Inspector accused of harbouring his son after an honour killing, finding no evidence of his active role in the offence and noting that continued detention had become pre-trial imprisonment.

The Madurai Bench of the Madras High Court, in a criminal appeal arising from an honour killing in Tirunelveli, granted bail on 11 June 2026 to Saravanan, a Sub-Inspector of Police who is accused No.2 in SC.No.120 of 2025. Justice B. Pugalendhi, sitting singly, set aside the order dated 21 January 2026 by which the II Additional Sessions Judge (PCR), Tirunelveli had dismissed Saravanan’s bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court found that the available materials were insufficient to presume any active role by Saravanan in the commission of the offence, that the investigation had been completed and a final report filed, and that this court had already stayed the proceedings against him in a connected quashing petition. Keeping him in custody any longer, the court held, would amount to pre-trial imprisonment.

The Offence and Saravanan’s Alleged Role

The case stems from the killing of a young man named Kavin on 27 July 2025 at Lakshmipuram, Tirunelveli. Kavin, an engineering graduate, had been in a relationship with Saravanan’s daughter, whom he had met at school. Saravanan’s son, accused No.1, is alleged to have lured Kavin to Tirunelveli, picked him up on a two-wheeler, and attacked him with chilli powder and an aruval. Kavin suffered 19 injuries and was killed near Ambal Hospital. The offence was committed at approximately 2.22 pm.

At 2.23 pm, accused No.1 called Saravanan and informed him of what had happened. Saravanan then informed his wife, accused No.3. The prosecution alleges that Saravanan subsequently instructed his son to destroy his clothes, dispose of his mobile phone, and remove the number plate of his two-wheeler. Accused No.1 then went to a quarry at Pappankulam owned by accused No.4, a relative, where evidence was destroyed.

Saravanan himself went to the scene of occurrence at around 2.39 pm. The prosecution contends that he gave wrong information to the Head Constable on duty about the community of the deceased. Saravanan disputes this, claiming he told the police that his son had committed the offence and that he personally handed over accused No.1 to the police at 4.30 pm on the same day. Newspaper reports at the time, his counsel submitted, corroborated this account. The CB-CID, which later took over the investigation, projected the arrest as having been made by the Assistant Commissioner of Police at 9.00 pm.

Saravanan was arrested on 11 August 2025 and remanded to judicial custody. The charges against him are under Sections 203(1), 238(a), 249(a), and 318(3) of the Bharatiya Nyaya Sanhita (BNS) read with Sections 3(1)(r), 3(1)(s), and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. The charges relate to causing disappearance of evidence, harbouring an offender, and offences under the SC/ST Act.

A Prolonged Bail History

Saravanan’s attempts to secure bail have been consistently refused. Two bail applications before the trial court — CrlMP Nos.366 of 2025 and 428 of 2025 — were dismissed on 16 September 2025 and 10 October 2025 respectively. An appeal to the Madurai Bench in CrlA(MD)No.1201 of 2025 was dismissed on 3 December 2025. A further bail petition before the trial court in CrlMP.No.17 of 2026 was dismissed on 21 January 2026, giving rise to the present appeal.

Separately, Saravanan filed a petition to quash the proceedings against him in SC.No.120 of 2025, registered as CrlOP(MD)No.995 of 2026 before this court. On 29 April 2026, the Madurai Bench granted an interim stay of those proceedings.

The Court’s Reasoning on Bail

Justice Pugalendhi examined the materials on record and identified a significant gap in the prosecution case against Saravanan specifically. The investigating agency itself accepted that there were no phone calls between Saravanan and accused No.1 prior to the occurrence. There were also no calls between Saravanan and the deceased, or between Saravanan and any family member of the victim, before the killing took place.

The court held that this absence of prior communication meant the available materials were not sufficient to presume that Saravanan had any active role in the commission of the offence. The allegation that he harboured accused No.1 after the fact was disputed: Saravanan maintained he had gone to the scene, informed the police, and surrendered his son the same afternoon.

Three factors weighed in favour of bail. First, Saravanan had been in custody for ten months. Second, the investigation was complete and the final report had been filed and taken on file by the trial court. Third, the proceedings against him had been stayed by this court in the quashing petition.

The court acknowledged that the State opposed bail on the ground that this was an honour killing case. It accepted that honour killing is an extreme reflection of casteism and that casteism is, in the words of the Supreme Court in Lala Singh v. State of Uttar Pradesh [2006 (5) SCC 475], “a curse on the nation.” The court noted that 59 honour killings had been reported in Tamil Nadu over the past ten years.

Despite this, the court drew a distinction between the gravity of the offence committed by accused No.1 and Saravanan’s own alleged conduct. It observed that had this been an ordinary murder case, Saravanan would have been granted bail by this stage. The court added that while Saravanan must bear some moral responsibility for having raised his son with casteist attitudes, that consideration could not by itself justify indefinite pre-trial detention in the absence of evidence of active participation in the killing.

The court went on to make broader observations about casteism in Tamil Nadu, the prevalence of the problem in southern districts, the recommendations of the Justice K. Chandru (Retd.) Committee on eradicating casteism in schools, and the need for the State to take stronger initiative. It directed the copy of the order to the Chief Secretary to Government of Tamil Nadu.

Conditions of Bail

The court imposed stringent conditions. Saravanan is required to execute a personal bond of Rs.1,00,000 with two sureties each for the same amount, to the satisfaction of the II Additional Sessions Judge (PCR), Tirunelveli. He and his sureties must file an affidavit before the respondent police confirming he will not misuse the liberty, will not commit any further offence, and will not visit the place of occurrence during the trial.

Saravanan is directed to reside at Coimbatore and to report to the Inspector of Police, B2 R.S. Puram Police Station, Coimbatore, twice daily at 10.30 am and 5.00 pm. Any change of residence must be immediately communicated to the respondent police. Violation of any condition will entitle the respondent police to apply for cancellation of bail.

Outcome

The criminal appeal in Crl.A(MD)No.277 of 2026 was allowed. The order dated 21 January 2026 passed by the II Additional Sessions Judge (PCR), Tirunelveli in CrlMP.No.17 of 2026 was set aside. Saravanan is to be enlarged on bail in SC.No.120 of 2025 on compliance with the conditions set out above. The order was addressed to the II Additional Sessions Judge (PCR) Tirunelveli, the Deputy Superintendent of Police CB-CID Tirunelveli District, the Inspector of Police B2 R.S. Puram Police Station Coimbatore, the Superintendent of Palayamkottai Prison Tirunelveli, the Chief Secretary to Government of Tamil Nadu, and the Additional Public Prosecutor at the Madurai Bench.