Deepan vs The State Of Tamil Nadu

The Petitioner, who was arrested and remanded to judicial custody on 23.08.2026 for the alleged offence under Section 126(2), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and later altered to 126(2), 296(b), 115(2), 118(1), 351(3) and Section 105 of BNS, 2023, in Crime No.470 of 2026 on the file of the respondent police, seeks bail.

The case of the proseuction is that, due to previous enmity, the petitioner assaulted the de-facto complainant’s father with stones on his face and head on 23.08.2026, resulting in his death on 27.08.2026. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 23.08.2026. He also further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner assaulted the victim with stones due to previous enmity, resulting in his death. He further submitted that the case has been altered to include Section 105 of the BNS and that the investigation is still pending. He also submitted that no previous case is pending against him. Hence, he opposed the grant of bail to the petitioner.

I have given my anxious consideration to either side submissions and perused the materials available on record.

Considering the nature and gravity of the allegations, the death of the victim, and the fact that the investigion is still pending, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on him executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Thiruvottiyur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs 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 the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in acc with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.