T.Saravanan And Others vs State Of Tamil Nadu

S.Srimathy, J

The petitioners, who were arrested and remanded to judicial custody on 28.04.2025 for the offences punishable under Sections 296(b), 115(2), 191(2), 191(3), 118(1), 109(1), 103(1) of BNS, in S.C.No.364 of 2025 on the file of the Principal District and Sessions Court, Tiruchirappalli, in connection with Crime No.138 of 2025 on the file of the respondent police, seek bail.

The case of the prosecution is that the petitioners had murdered the father and uncle of the defacto complainant. Hence, the complaint.

The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 28.04.2025. Hence, he seeks bail to the petitioners.

The learned Additional Public Prosecutor submitted that the 1st petitioner having one previous case, 4th petitioner having 3 previous cases and 5th petitioner having 7 previous cases. He further submitted that Goondas Act was made out against the accused persons and the same was quash by this Court dated 07.01.2026. He further submitted that the trial had already been commenced. However, he opposed for grant of bail to the petitioners.

Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:

Accordingly, the petitioners are ordered to be released on bail on executing a separate 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 Judicial Magistrate, Thottiyam, 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 petitioners shall report before the trial Court daily at 10.30 a.m., until further orders.

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

[d] the petitioners shall not tamper with 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 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].

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