S.Srimathy, J
1. The petitioner, who was arrested and remanded to judicial custody on 12.08.2025 for the offences punishable under Sections 126(2), 103(1) of BNS Act, 2023 @ 103(1), 126(2), 232, 296(b), 351(3) and 49 of BNS Act, 2023, in Crime No. 473 of 2025 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to a quarrel between the parties, A-1 murdered the son of the defacto complainant using a knife and a sickle. Hence, the complaint.
3. 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 co-accused have already been granted bail and that the petitioner is in judicial custody from 12.08.2025. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor submitted that the specific overt act against the petitioner is that he instigated his son to commit murder and that the charge sheet has been filed .
5. Taking into consideration of the fact that the charge sheet has been filed, the co-accused have already been granted bail 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:
6. 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 No.I, Sivakasi, and on further conditions that :-
[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders.
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond 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 is 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.
