A.Santhanakumar vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 01.11.2025 for the offences punishable under Section 105 of BNS, 2023,(Section 304 of IPC), in Crime No.91 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with his four workers who are native of Odisha had transported M-sand in a Tipper Lorry which is covered by a plastic sheet and proceeded towards Kodanthur to Koodalur Road. At that time, in order to avoid to dash against the lorry which came in the opposite direction, the petitioner overturned the tipper lorry into the left side pit, the tipper lorry collapsed as a result three of the individuals who sit in the top of the tipper lorry fell down and covered with M-sand and died on the spot. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 01.11.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner is having no previous cases and investigation is almost completed. However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and the nature of offence and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Aravakurichi, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent daily at 10.30 a.m, until further orders;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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)AIR SCW 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.