Ramasamy vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 31.01.2026 for the offences punishable under Sections 103(1) of BNS Ac (Corresponding Section 302 of IPC, in Crime No.144 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is the mother of the deceased. The son of the defacto complainant resided in a rental house. On 30.01.2026, at about 05.30 p.m, when the defacto complainant went to see his son, she found him dead with stabbing injuries. On enquiry from the neighbour, she came to know that the petitioner went to the rental house at about 08.00 a.m with liquor bottle and thereafter, he left house alone with blood stained dress. Hence, this case.

The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner has been arrested and remanded to judicial custody on 31.01.2026. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that in a drunken mode, due to money dispute, there was a wordy quarrel arose between the petitioner and the deceased. Due to which, the petitioner attacked the deceased with knife and the petitioner is having 1 previous case not in similar nature and the investigation is almost completed.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and there is a money dispute between the parties and already investigation was completed and though the petitioner has 1 previous case, the same is not in similar kind of offence and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Kovilpatti, and on further conditions that:

[b] the petitioner shall report before the respondent police, daily at 10.30 a.m until further orders;

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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