M.Parameshwaran And Others vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 03.09.2025 for the offences punishable under Sections 103(1), 351(3) & 238(a) of BNS, altered into Section 103(1), 351(3), 238(a), 49 & 191(3) of BNS, in Crime No.384 of 2025 on the file of the respondent police, seek bail.

The case of the prosecution is that due to previous motive, the accused persons cut the head of the defacto complainant's husband and murdered him. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that this Court had already granted bail to the 2nd petitioner dated 10.11.2025. He further submitted that the 1st petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 03.09.2025. Hence, he seeks bail to the 1st petitioner.

The learned Additional Public Prosecutor submitted that these petitioners are A3 & A4 and the specific overtact against A3 is he caught hold the deceased and A4 has watched the movement of the deceased and inform to other accused. He further submitted that there is no previous case pending against the petitioners and the investigation has been completed. However, he opposed for grant of bail to the 1st petitioner.

Taking into consideration of the fa1cts and circumstances of the case and since there is no previous case pending against the petitioners and the investigation has been completed and 2nd petitioner had already been granted bail by this Court dated 10.11.2025 and also considering the period of incarceration suffered by the 1st petitioner, this Court is inclined to grant bail to the 1st petitioner, subject to the following conditions:

Accordingly, the 1st 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 District Munsif cum Judicial Magistrate, Thottiyam, Thiruchirappalli, 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 1st petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders;

[c] the 1st petitioner shall not abscond either during investigation or trial;

[d] the 1st 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 1st petitioner in accordance with law as if the conditions have been imposed and the 1st 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.