Sudharsan And Others vs Vs State Of Tamil Nadu

L.Victoria Gowri, J

The petitioners /Accused Nos.1 to 4, 6, 7, 9 and 14, who were arrested and remanded to judicial custody on 11.03.2026 for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 133, 109 and 351(3) of BNS, and Section 4 of TN Prohibition of Harassment of Woman (Amendment) Act, 2002 and Section 3 of TN Public Property (Prevention of Destruction and Loss) Act, 1982 in Crime No.15 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that totally 15 persons including the petitioners had entered into physical and verbal altercation with counter group, thereby caused several injury to the defacto complainant parties using iron rod and stones. Hence, the case.

The learned counsel for the petitioners submitted that it is a case and case in counter and the injured were discharged from the hospital. The petitioners were arrested on 11.03.2026 and they were remanded to judicial custody and they are suffering incarceration for a period of 21 days and hence, sought for bail.

The learned Additional Public Prosecutor appearing for the respondent categorically contended that the all the petitioners are persons with bad antecedents and Crime No.81 of 2024 is also pending on the file of the M.Chathirapatti Police Station and hence, sought dismissal of this petition.

As far as previous case is concerned, the learned counsel for the petitioner submitted that the same was concluded in referring the same as mistake of fact,

Heard either side and perused the materials available on record.

Considering the fact that it is a case and case in counter, and that both the parties had sustained injuries and had committed crime, this Court is of the considered view that it is a fit case for grand of bail. Accordingly, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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.V, Madurai, and on further conditions that:

[b] the petitioners shall report before the Town Police Station, Hosur, daily at 10.30 a.m for a period of three weeks and thereafter, as and when required for interrogation;

[c] the petitioners 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 petitioners shall not abscond either during investigation or trial;

[e] the petitioners 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 petitioners in accordance with law as if the 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)AIR SCW 5560].

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