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Judgment
The petitioners (A3 and A6), who were arrested and have been in judicial custody for 218 days for the alleged offences punishable under Sections 189, 190, and 103(1) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No. 24 of 2026 on the file of the respondent police, seek bail.
The case of the prosecution is that owing to previous enmity, the petitioners, along with the other co-accused, assaulted the deceased, Silambarasan, with stones and caused his death as an act of retaliation for a previous murder. Hence, the case was registered.
The learned counsel appearing for the petitioners submits that the petitioners are innocent of the allegations and have been falsely implicated in this case. He further submits that the petitioners have undergone a substantial period of incarceration of 218 days. Highlighting that the investigation is already completed and the charge sheet has been filed, he prays for the grant of bail.
The learned Government Advocate (Crl.side) for the respondent opposes the grant of bail, citing the serious nature of the offence involving a retaliatory murder. He, however, concedes the fact that the investigation has been completed, the charge sheet has been filed, and the case has been committed as S.C.No.69 of 2026, which stands posted on 22.09.2026 for the framing of charges.
Heard both sides and perused the materials available on record.
Considering the facts and circumstances of the case, the substantial period of incarceration of 218 days undergone by the petitioners, and taking note of the fact that the investigation is completed, the charge sheet has already been filed, and the matter is ripe for the framing of charges on 22.09.2026, this Court is inclined to grant bail to the petitioners with certain conditions.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the Judicial Magistrate Court No.II, Tirupattur, and on further conditions that:
[a] the sureties shall affix his 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 his identity;
The petitioners shall report before the trial court on all working days 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 accordance 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. be noted, this order when uploaded in the