Ramesh vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 19.12.2025 for the offences punishable under Sections 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Sections 20, 25(1A) of Arms Act, 1959, in Crime No.126 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 17.12.2025 at about 6.30 a.m., the petitioner and other accused created a ruckus, bearing a knife and a stick, near the defacto complainant’s shop. When the defacto complainant confronted them, the accused allegedly attacked him with the weapons and abused him in filthy language. 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 in judicial custody from 19.12.2025. Hence, he seeks bail to the petitioner.

The learned Government Advocate (Crl. side) submitted that the offences committed by the accused are serious in nature and that five previous cases are pending against the petitioner. He further submitted that the petitioner is a history-sheeter and that the injured has been discharged from the hospital. Therefore, he opposed for grant of bail to the petitioner.

Taking into consideration of the fact that the injured has been discharged from the hospital 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 District Munsif cum Judicial Magistrate, Alangudi, 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 stay at Virudhunagar and report before the Inspector of Police, Virudhunagar Bazaar Police Station, Virudhunagar, daily at 10.30 a.m., and 05.30 pm., until further orders. The relaxation shall not be considered for the next two months.

[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.