Varadharajan vs State Of Tamilnadu

S.Srimathy, J

The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 23.09.2025 for the offences punishable under Sections 189(2), 296(b), 109, 3(5), 103(1) of BNS in Crime No.276 of 2025, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the brother of the deceased. The deceased was doing drummer work under the control of A2. A2 had not given salary amount to the deceased. Due to which, on 17.09.2025 at about 3.00 p.m, the defacto complainant and the deceased went to the occurrence place for asking the said amount from A2. At that time, A2 along with other accused persons were consuming brandy. The deceased asked his amount from A2. Following which Al abused the deceased in filthy language and assaulted with wooden log on his left hand and A3 assaulted him with stone on the body and A5 and A4/ petitioner trampled him on his stomach and other accused stabbed him with hands on his face and caused injuries. Further the deceased rushed to the hospital by the ambulance and on complaint the case was registered against the petitioner and he died due to the grievous injuries on the next day at 5.00 a.m . Hence, this case.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 23.09.2025. Therefore, he prays for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the investigation is still pending. Further, the petitioner is a history sheeter and is having seven previous cases against him.

5.The specific overt act against the petitioner is that he pushed the deceased and hit him on head and body. Considering the facts and circumstances and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.

Accordingly, 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 Judicial Magistrate, Paramakudi, and on

a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

b)the petitioner shall stay at Vilupuram and report before the Inspector of Police, Vilupuram Police Station, daily at 10.30 a.m., until further orders;

c)the petitioner shall not tamper with evidence or witness;

d)the petitioner shall not abscond during 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 of BNS.