Elumalai, S/O.Pandiyappan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 02.08.2025, for the alleged offence under Sections 103(1), 311, 238 of BNS, 2023, in respect of Crime No.316 of 2025 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner is the known person to the deceased lady and she approached the petitioner for purchase of cow and accordingly, the petitioner taken her to the market for purchasing the cow and thereafter without purchasing the same, he taken her to lonely place and slit her throat and stolen 5 sovereign of gold, some silver articles and also Rs.1,05,000/- as cash from the deceased. Thereafter, he returned back and informed the son of the deceased that she was dropped at bus stop and he was not aware about her. Hence, on the basis of complaint, woman missing case was registered, subsequently, altered into Section 174 Cr.P.C. and again altered into murder for gain. Hence, the petitioner was arrested.

The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been in incarceration since 02.08.2025. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution's case and fairly submitted that the property has been recovered from the petitioner and charge sheet has been filed and in furtherance thereof, the case in S.C.No.26 of 2025 is taken on the file of Additional Mahila Court, Salem. However, he opposes the grant of bail to the petitioner.

I have considered the submissions made on both sides and also perused the records available.

Considering the above circumstances of the case and taking note of the long incarceration of the petitioner from 02.08.2025, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Salem, 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 learned Additional Mahila Court, Salem daily at 10.30 a.m., until further orders and no relaxation petition will be entertained for a period of 45 days;

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

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

[e] 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];

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