Madhan Kumar And Others vs State

K.Rajasekar, J

The petitioners, who were arrested and remanded to judicial custody on 03.11.2025, for the alleged offence punishable under Sections 194 of BNSS altered to Section 105 of BNS 2025 in Cr.No.640 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that this petitioners joined hands with other accused and attacked the deceased during the funeral ceremony on 02.11.2025. Due to which the deceased sustained injuries and succumbed to the injuries on the next day i.e on 03.11.2025. Hence, the case.

The learned counsel appearing for the petitioners submitted that the petitioners have not attacked the deceased and due to the intoxication the deceased fell down and sustained injuries. He further submitted that the petitioners have been falsely implicated in this case. He further submitted that the petitioners are in judicial custody from 03.11.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and reported that this petitioners joined hands with other accused and attacked the deceased during the funeral ceremony petitioners, due to which the deceased fell down and died.

Heard both sides and perused the materials available on record.

I have gone through the F.I.R and the other records which reveals that it is case of pushing down the deceased in the funeral ceremony.

Considering the submissions of the learned counsel on either side and the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

Accordingly, the petitioners are 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, for a like sum to the satisfaction of the learned learned Judicial Magistrate No.IV, Tiruppur, Tiruppur District 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 petitioners shall report before the Judicial Magistrate Court, Harur on all working days at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation;

[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required;

[d] the petitioners shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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];

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