Subramaniyam And Others vs State

K. Rajasekar, J

The petitioners, who were arrested and remanded to judicial custody on 09.12.2025 for the offences punishable under Section 296(b), 115(2) of BNS altered into 109 of BNS and 103(2) of BNS in Crime No.1413 of 2025, registered on the file of the respondent police, seek bail.

The allegation against the petitioners is that on 06.12.2025, the petitioners herein, who are the father and son developed a wordy quarrel with the deceased in this case, who is a transgender; that thereby the petitioners herein attacked the deceased and pushed her down, due to which the deceased sustained grievous head injuries; that thereafter, she was taken to hospital and while she was under treatment in the hospital, lodged a complaint; that thereafter, she succumbed to injuries after two days. Hence, a case was registered and the petitioners were arrested.

The learned counsel appearing for the petitioners submitted that, it is not a case of pre-meditated murder; that due to a sudden quarrel, there arouse a physical altercation between the deceased and the petitioners; that no weapon is used in this case; that the petitioners herein are in judicial custody since 09.12.2025; and that the petitioners are ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioners reiterated the prosecution case and stated that the petitioners herein are arrayed as A1 and A2 in this case; and that the investigation of this case is pending.

Considering the submissions made, facts and circumstances of the case, manner in which the occurrence had taken place, the fact that no weapon was used and taking note of the period of incarceration undergone by the petitioners herein, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tiruppur, Tiruppur District and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the respondent police daily at 10:30 a.m., until further orders;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.