Sundaram vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 25.08.2025, for the alleged offence punishable under Sections 296(b) and 105 of BNS in Crime No.245 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 25.08.2025 the petitioner developed quarrel with the deceased and attacked her with hands and legs, when the defacto complainant intervene, petitioner used the iron rod and attacked the defacto complainant on his face and also on the stomach, which results severe injury to both the defacto complainant as well as the deceased. Later on deceased was admitted in hospital and succumbed to the injuries. Hence, the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 25.08.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

It is reported that the investigation is still pending, even after the dismissal of the earlier bail application. Considering the period of custody and the motive behind the occurrence had taken place, I am inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthangarai, and on further conditions that:-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of four weeks.

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

[d] the petitioner shall not tamper with the evidence or witness 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 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 B.N.S.