Madras High Court Denies Bail in Heinous Honour Killing Case
Court Upholds Denial of Bail for Accused in Honour Killing of Scheduled Caste Victim, Citing Societal and Constitutional Concerns
In a significant ruling, the Madras High Court, Madurai Bench, presided over by Justice K. Murali Shankar, upheld the denial of bail to Saravanan, the appellant, involved in a brutal honour killing incident. The judgment, dated December 3, 2025, comes in the wake of a case that has shocked the nation, given its grave societal implications and the heinous nature of the crime.
The case revolves around the alleged murder of Kavin Selvaganesh, a Scheduled Caste victim, by the appellant and others, which was purportedly motivated by caste-based discrimination and societal honour concerns. The murder involved a conspiracy and was carried out with extreme brutality, as detailed in the prosecution's narrative.
The Court underscored the principles of bail jurisprudence, stating that the usual maxim of "bail not jail" does not apply in cases of heinous crimes such as honour killings. Instead, the Court emphasized the necessity of "jail and jail" to address the premeditated nature of the crime and the broader societal impact. The Court noted that honour killings are a "blight on Indian society" and must be addressed with utmost severity to uphold constitutional liberties and deter such regressive acts.
The prosecution, supported by the second respondent, highlighted the appellant's involvement in both the murder and the subsequent attempt to influence the investigation. The appellant, who is the father of the first accused, allegedly played an active role in the crime. The defense's claims of the appellant's innocence and the absence of any direct evidence linking him to the crime were rejected by the Court, which found the objections raised by the second respondent compelling.
The judgment also stressed the vulnerability of victims of caste-based atrocities and pointed out procedural lapses in the criminal justice system that often hinder justice for such victims. The Court reiterated the importance of judicial vigilance in ensuring that heinous crimes like honour killings do not undermine societal order and constitutional rights.
This decision is expected to set a precedent in how honour killings are addressed legally, with the Court's stance emphasizing the need for stringent measures to deter such acts and protect the rights of vulnerable communities.
Bottom Line:
Honour killing - Bail plea of accused involved in brutal murder and conspiracy related to honour killing - Denial of bail upheld due to gravity of the crime, premeditated nature, and societal implications.
Statutory provision(s): Sections 296(b), 103(1), 49 BNS, Sections 3(l)(r), 3(l)(s), 3(2)(v) of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Saravanan v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2817454
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