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

Supreme Court overturns Madras HC directive for accused to marry for bail, citing concerns over pre-judging allegations.

The Supreme Court on Friday (January 30, 2026) set aside a Madras High Court order directing a man accused of falsely promising marriage to a woman to actually marry her in return for interim bail. The High Court wanted the man to even produce on record the marriage certificate.

Appearing before 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 client cannot be coerced into marriage under the threat of continued incarceration.

Besides, they submitted that asking their client to actually marry the woman, even before the charges were proved against him, would amount to pre-judging the allegation that he had made the promise of wedlock.

The High Court order of January 5, 2026, had directed the petitioner to submit an undertaking to marry the de facto complainant and produce the marriage registration certificate before the court.

“The petitioner is directed to file an affidavit while producing surety stating that he would marry the de facto complainant. On such filing of affidavit, the petitioner may be released on interim bail. After registering the marriage, the petitioner shall submit the registration certificate before this court on February 4, 2026,” the January 5 High Court order had read.

In his special leave petition before the apex court, the petitioner said the condition of marriage “travelled far beyond the settled parameters governing the grant of bail.” “The condition compelling marriage has no rational nexus with the object of bail, namely securing the presence of the accused, ensuring a fair investigation, or preventing tampering with evidence,” he pleaded in the top court.