Thirumoorthy vs State Of Tamilnadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 12.01.2026 for the offences punishable under Sections 191(2), 191(3), 126(2), 296(b) and 103(1) of BNS, 2023, in Crime No.5 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the complainant is the brother of the deceased. On 12.01.2026 at about 06.00 a.m, the petitioner and other accused are said to have attacked the deceased with pattakathi and caused grievous injuries. Thereafter, the deceased was taken to the hospital. However, he died. Hence, this 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. He would further submit that the co-accused were already released on bail by this Court and no previous case is pending against the petitioner and the investigation was already completed and the case is pending for committal and he has been arrested and remanded to judicial custody on 12.01.2026. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent strongly opposed to grant bail to the petitioner on the ground is a case of murder and hence, the offence is grave in nature. He further submit that the investigation was completed and now the case is pending for committal and no previous case is pending against the petitioner.

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

Considering the rival submissions made by the learned counsel on either side, nature of offence, and already investigation was completed and the case has been pending for committal and already the co-accused were released on bail by this Court and no previous case is 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 Judicial Magistrate No.I, Pudukkottai, and on further conditions that:

[b] the petitioner shall report before the Judicial Magistrate No.I, Pudukkottai, on all working days at 10.30 a.m 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.