Kesavan vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 19.11.2025 for the offences punishable under Sections 118(1) BNS 2023 @ 296(b), 115(2), 118(1) and 109(1) of BNS, 2023 r/w. 83(2) of Juvenile Justice Act @ 296(b) and 103(1) of BNS, 2023 r/w. Section 83(2) of the Juvenile Justice Act, 2015 in Crime No.338 of 2025 on the file of the respondent seeks bail.

The case of the prosecution is that the petitioner herein and other accused are said to have attacked the defacto complainant with wooden log and thereby, committed the murder of the deceased. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 19.12.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor would submit that A2 is still in custody and that A3 and A4 are juveniles. He would further submit that the deceased is a transgender and that there is no previous case pending against the petitioner. He would also submit that the investigation in the case is pending and, hence, he opposed the grant of bail to the petitioner.

Considering the specific overt act attributed against the petitioner 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: :

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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vadipatti, Madurai District and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall appear before the concerned Magistrate on all working days at 10.30 am; and he shall also appear before the respondent Police daily at 5.00 pm until further orders. Relaxation petition will not be entertained for the next two months.

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

[d] the petitioner shall not tamper with evidence or witness 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 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.