M.Mariappan vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 10.09.2025 for the offences punishable under Sections 296(b) and 103 of BNS, in Crime No.76 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that the deceased is the son of the petitioner/A1. Due to family dispute, the petitioner stabbed his son using knife and he 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 because of this case, the petitioner was removed from service and he is in judicial custody from 10.09.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that this is a family dispute between the father/petitioner and son regarding the petitioner's grand daughter's marriage life, and the petitioner is having one previous case and after completing the investigation, charge sheet has been laid before the concerned Court. However, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and considering the age of 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Usilampatti, 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 trial Court 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.