Sivalingam vs State Of Tamil Nadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 15.09.2025 for the offences punishable under Sections 103 & 126(2) of BNS @ Sections 103(1), 126(2), 49 and 61(2)(a) of BNS Act, in Crime No.802 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 12.09.2025 at 08.00 p.m., the deceased while returning to his home in a two wheeler the accused along with other accused persons wrongfully restrained the deceased and assaulted him brutally and caused injuries all over his body. Due to which, he died on the spot. Hence, the 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. There is no specific overt act against the petitioner. There is business motive between A5 and the deceased. He would further submit that he has been arrested and remanded to judicial custody on 15.09.2025. Co-accused in this case was already released on bail. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. Due to the business motive, A5 arranged this petitioner and other accused persons to commit murder. Accordingly, they intercepted the deceased and assaulted him with deadly weapon and committed murder. Thereby he died on the spot. There is no previous case against the petitioner. Investigation has been completed and the charge sheet was filed and the case is pending trial in S.C.No.35 of 2026 on the file of the VI Additional District and Sessions Judge, Madurai. Hence, he vehemently opposed the grant of bail to the petitioner. However, he submits that the co-accused in this case has been released on bail.

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

Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, the investigation has been completed and charge sheet has also been filed and the case is now pending for trial in S.C.No.35 of 2026, already co-accused was granted bail, that there is no previous case pending against the petitioner 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.IV, Madurai, and on further conditions that:

[b] the petitioner shall report before the trial Court namely VI Additional District and Sessions Court, Madurai, at 10.30 a.m., on all working days, 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.