Rajapandi And Others vs State Of Tamilnadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 16.01.2026 for the offences punishable under Sections 191(1), 191(2), 126(2), 296(b), 118(1) and 351(3) of BNS, 2023 r/w. Section 3(1) of TNPPDL Act in Crime No.18 of 2026 on the file of the respondent police seeks bail.

The case of the prosecution is that due to previous motive, the petitioners herein and other accused are said to have attacked the defacto complainant and his family members and also abused him in filthy language. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners has not committed any offence as alleged by the prosecution. He further submitted that the petitioners is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 16.01.2026. Hence, he seeks bail to the petitioners.

The learned Additional Public Prosecutor would submit that it is a case and counter case and the injured has already been discharged from the hospital. He further submitted that investigation of the case is pending and hence, he opposed for grant of bail to the petitioners.

Considering the facts and circumstances of the case and also considering the fact that it is a case and counter case and that the injured has already been discharged from the hospital, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

Accordingly, the petitioners are 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, Madurai, 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 petitioners shall appear before the respondent Police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation;

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the 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)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.