Judgment · High Court

The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 14.09.2025 for the offences punishable under Sections 103(1), 296(b), 332(a), 351(3) and 49 of BNS, in Crime No.417 of 2025 on the file of the respondent police. seek bail. 1/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19470 of 2025 2. The case of the prosecution is that due to money dispute, the petitioners and other accused persons entered into the house of the defacto complainant and stabbed her husband and fled the scene. Hence, the case.3. 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 14.09.2025. Hence, he seeks bail to the petitioners.4.

The learned Additional Public Prosecutor submitted that there are no previous cases pending as against the petitioners and the specific overtact against the petitioners is they instigated A1 to stab the defacto complainant's husband. However, he opposed for grant of bail to the petitioners.5. The learned counsel for the intervenor vehemently objected for grant of bail stating that there is a life threat to the deceased's wife. 2/4 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.19470 of 20256. Taking into consideration of the facts and circumstances of the case and the specific overtact against the petitioners is they had instigated A1 to do the crime and there is no previous case pending against the petitioners, 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: 7. 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 Judicial Magistrate No.2, Kumbakonam, Thanjavur District, 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 stay at Salem and report before the Inspector of Police, Salem Town Police Station, daily at 10.30 a.m.,until further orders;[c] the petitioner shall not abscond either during investigation or trial;3/4 https://www.mhc.tn.gov.in/judis CRL OP(MD).

No.19470 of 2025S.SRIMATHY, J.PJL [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 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. 06.11.2025PJL To1. The Judicial Magistrate No.2, Kumbakonam, Thanjavur District.

The Superintendent, District Jail, Pudukottai, Pudukottai District.

The Inspector of Police, Nachiyarkoil Police Station, Nachiyarkoil, Thanjavur District.

The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No.19470 of 2025 4/4