Suresh vs State Of Tamilnadu

R.Vijayakumar, J

The petitioner, who was arrested on 02.06.2025 and who is facing trial in S.C.No.279 of 2025 on the file of the II Additional District and Sessions Court, Thoothukudi District, for the offences under Sections 3(5), 126(2), 296(b), 103(1), 351(3) BNS @ 191(2), 191(3), 3(5), 126(2), 296(b), 103(2), 351(3), 61(2) BNS in Crime No.248 of 2025 on the file of the respondent Police, seeks bail.

The case of the prosecution is that due to previous enmity between the deceased and the accused persons, on 01.06.2025, the petitioner, along with other accused persons, waylaid the deceased, abused him in filthy language, and assaulted him with an aruval, which resulted in his death. 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 has been impleaded as an accused based on the confession of co-accused. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 02.06.2025. In this case, co-accused has already been enlarged on bail by this Court. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that in this case investigation is pending, the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

Taking into consideration of the facts and circumstances of the case, considering the nature of offence and considering the period of incarceration suffered by the petitioner and also considering the fact that co-accused has already been enlarged on bail by this Court, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, this Criminal Original Petition is allowed and 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 II Additional District and Sessions Judge, Thoothukudi and on further conditions that :-

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

[b] the petitioner shall stay at Villupuram and report before the Inspector of Police, Villupuram Town Police Station, Villupuram, daily at 10.30 a.m., until further orders. No request for relaxation shall be entertained in the next three months.

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

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Judge/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 Judge/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.