Rajinikanth vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 15.10.2025 for the offences punishable under Section 289 and 105 of BNS, in Crime No. 226 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is the Supervisor of the company, namely, 'Azhagiri Paper Mill', where the defacto complainant's son was working. While cleaning the blockage, poisonous gas released due to which one person died and two injured. 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 the petitioner is an employee to the company and A1, who is the owner of the company was already granted anticipatory bail. Further, the petitioner is in judicial custody from 15.10.2025. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner has seven previous cases. He further submitted that A1 was already granted anticipatory bail. 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur, Virudhunagar, 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 respondent police as and when required;

[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.