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Judgment
14 paragraphs · 610 wordsP. Dhanabal, J
The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 103(1) of BNS, in Crime No.5 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that due to the previous motive between the petitioner village and the defacto complainant village with regard to the Bull taming prior to the occurrence, the accused persons gathered together unlawfully on 12.01.2026, waylaid the deceased and attacked him indiscriminately and caused death. Hence, the case.
The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. There is no specific overt act against the petitioner. He is no way connected with the occurrence. He was falsely implicated in this case only with an intention to harass the petitioner. Therefore, prayed to grant bail for the petitioner.
The learned Additional Public Prosecutor appearing for the respondent would submit that the totally there are 10 accused in this case. The petitioner is A7. He was arrested and in judicial custody from 23.01.2026. Due to the previous motive in Bull taming in Jallikattu, the accused persons unlawfully assembled, intercepted the deceased and attacked with aruval and the deceased died on the spot. The petitioner has actively participated in the above said occurrence. Now the investigation has been completed and the charge sheet has been filed before the learned Judicial Magistrate No.I, Pudukkottai, and the same was taken cognizance in P.R.C.No.18 of 2026 and posted on 07.04.2026 for committal process. Therefore, he vehemently, opposed the grant of bail. However, he has no previous case pending against him.
This Court heard both sides and perused the materials available on record.
Considering the rival submissions made by the learned counsel on either side, considering the fact that the investigation has been completed and charge sheet also filed before the concerned Court, the case is pending for committal process, the accused has no previous case and also considering the period of incarceration of the petitioner from 23.01.2026, this Court is inclined to grant bail to the petitioner subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Judicial Magistrate No.I, Pudukkottai and on further conditions that:
[b] the petitioner shall report before the Judicial Magistrate No.I, Pudukkottai, at 10.30 a.m., on all working days, until further orders;
[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
