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Judgment
13 paragraphs · 444 wordsS.Srimathy, J
The petitioner, who was arrested and remanded to judicial custody on 18.11.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 109, 103(1) BNS 2023, in Crime No.231 of 2025 on the file of the respondent police. seeks bail.
The case of the prosecution is that the petitioner along with other accused persons had abused the defacto complainant and his family members and attacked them with deadly weapons, due to which, they sustained injuries and thereafter, the mother of the defacto complainant died. Hence, the complaint.
The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offences 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 she is in judicial custody from 18.11.2025. Hence, he seeks bail to the petitioner.
The learned Government Advocate (Crl.Side) submitted that there are no previous cases pending against the petitioner. However, he opposed for grant of bail to the petitioner.
Taking into consideration of the facts and circumstances of the case 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 No.II, Sivakasi, Virudhunagar 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 report before the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District, daily at 10.30 a.m., for a period of two weeks and thereafter, report before the respondent police as and when required for interrogation.
[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.
