Anandaraj vs State

K. Rajasekar, J

The petitioner herein, who was arrested and remanded to judicial custody on 10.09.2025 for the offences punishable under Section 103(1) of BNS in Crime No.421 of 2025, registered on the file of the respondent police, seeks bail. The earlier bail application of the petitioner herein was dismissed by this Court, vide order dated 11.11.2025 in Crl.O.P.No.30786 of 2025.

The allegation against the petitioner herein is that, the petitioner and the deceased are neighbours; that the deceased was living alone in her house and on the alleged day of occurrence, the petitioner approached the deceased and demanded money; that while the same was refused by the deceased, the petitioner got enraged and murdered the deceased by slitting her throat. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case purely on suspicion and he is in judicial custody since 10.09.2025; that the investigation of this case was completed and final report also filed; and that the petitioner is ready to abide by any condition that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that the investigation of this case was completed and final report filed, which is pending in PRC stage.

Considering the submissions made, facts and circumstances of the case, the fact that the after dismissal of the earlier bail application of the petitioner herein in Crl.O.P.No.30786 of 2025, the investigation of this case was completed and final report also filed and taking note of the period of incarceration undergone by the petitioner herein, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Avinashi and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the Trial Court concerned daily at 10:30 a.m., until further orders;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.