Vigneswara Bala Pandiyan vs State Of Tamil Nadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 30.09.2025 for the offences punishable under Section 103(1) of BNS, in Crime No.168 of 2025 on the file of the respondent police. seeks bail.

The case of the prosecution is that the defacto complainant is the younger daughter of the deceased. The deceased was a Government Retired nurse and she was under care of their daughters and the deceased was 77 years old. A1 is the elder daughter of the deceased and usually she was slept in her elder daughter's house on upstair. Subsequently, on 01.09.2025 at about 06.20 a.m., the defacto complainant's sister/A1 called over phone to the defacto complainant and informed that she found her mother's dead body at upstair of the house with blood injuries on the left side head and covered with sand. Further, the defacto complainant went to the occurrence place and found her mother's body and she has given a complaint, the case was registered under Section 103(1) BNS against unknown persons.

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 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 30.09.2025. Hence, he seeks bail to the petitioner.

The learned Government Advocate (Criminal Side) submitted that there is no previous case pending against the petitioner. Hence, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and considering the age of the petitioner and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following 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, Kadaladi, 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 respondent police daily at 10.30 a.m., until further orders.

[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 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 BNS.