Supreme Court sets aside Madras HC order asking accused to marry for bail

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The Supreme Court connected Friday (January 30, 2026) acceptable speech a Madras High Court bid directing a antheral accused of falsely promising matrimony to a pistillate to really wed her successful instrumentality for interim bail. The High Court wanted the antheral to adjacent nutrient connected grounds the matrimony certificate.

Appearing earlier a Bench headed by Justice K.V. Viswanathan, the accused-petitioner, represented by advocates G. Anto Prince, G. Anto Robert and Jose Abraham, said their lawsuit cannot beryllium coerced into matrimony nether the menace of continued incarceration.

Besides, they submitted that asking their lawsuit to really wed the woman, adjacent earlier the charges were proved against him, would magnitude to pre-judging the allegation that helium had made the committedness of wedlock.

The High Court bid of January 5, 2026, had directed the petitioner to taxable an undertaking to wed the de facto complainant and nutrient the matrimony registration certificate earlier the court.

“The petitioner is directed to record an affidavit portion producing surety stating that helium would wed the de facto complainant. On specified filing of affidavit, the petitioner whitethorn beryllium released connected interim bail. After registering the marriage, the petitioner shall taxable the registration certificate earlier this tribunal connected February 4, 2026,” the January 5 High Court bid had read.

In his peculiar permission petition earlier the apex court, the petitioner said the information of matrimony “travelled acold beyond the settled parameters governing the assistance of bail.” “The information compelling matrimony has nary rational nexus with the entity of bail, namely securing the beingness of the accused, ensuring a just investigation, oregon preventing tampering with evidence,” helium pleaded successful the apical court.

The apical tribunal asked the petitioner’s lawyers to pass the High Court of the mounting speech of the January 5 order.

The apex tribunal Bench directed that the petitioner would proceed connected interim bail till February 4, 2026, pursuing which the High Court would see the lawsuit afresh.

Published - January 30, 2026 10:45 p.m. IST

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