Settu (Chindu) @ Sintu Kumar Vs The State of Tamilnadu

The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 08.05.2025 for the offences punishable under Sections 307 of IPC and altered into Section 302 of IPC in Crime No.351 of 2023 on the file of the respondent police, seeks bail.

¶20

The case of the prosecution is that this petitioner and another accused and the deceased were working as a labour in the house of the defacto-complainant under the supervision of a contractor and they were residing in the same house. Due to the dispute in the working area, this petitioner and other accused persons brutally attacked the deceased with heavy iron like object and they all flew away from the scene of occurrence. Hence, the case.

¶21

The learned counsel for the petitioner would submit that there are totally two accused persons, this petitioner was arrayed as accused No.1. The respondent police has lodged a false complaint against this petitioner. Already the co-accused A2, was enlarged on bail by the trial Court. The petitioner is an innocent person and https://www.mhc.tn.gov.in/judis

¶22

2/7

¶23

CRL OP(MD).No.12197 of 2025

¶24

he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. This petitioner is ready to produce local sureties. He would further submit that the petitioner is in custody from 08.05.2025 nearly 70 days. Hence, he seeks bail.

¶25

The learned Government Advocate (Criminal Side) would submit that due to previous enmity in the working place this petitioner and other accused person were brutally attacked the deceased and he died. In this case, other co-accused was already enlarged on bail by the trial Court. In this case, investigation has been completed and the charge sheet has also been filed and the same was taken on file in PRC.No.13/2025 on the file Judicial Magistrate, Thuraiyur. It is the murder case that too occurred in the year 2023, after a serious search, the respondent police secured the petitioner only on 08.05.2025. This petitioner is native of Bihar, he is a North Indian. If the petitioner released on bail, he may abscond at any point of time. Hence, he objected to grant bail to the petitioner.

¶26

Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, investigation has been completed, charge

¶27

sheet has already been filed and the same was taken on file in PRC.No.13 of 2025 on https://www.mhc.tn.gov.in/judis

¶28

3/7

¶29

CRL OP(MD).No.12197 of 2025

¶30

the file of Judicial Magistrate, Thuraiyur, the contention of the learned Counsel for the petitioner revealed that this petitioner is ready and willing to produce local sureties, the other co-accused was already enlarged on bail by the trial Court, the petitioner/accused No.1 remanded into judicial custody on 08.05.2025, taking into consideration of the period of incarceration, this court is inclined to grant bail to the petitioner, subject to the following conditions:

¶31

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

¶32

[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.

¶33

[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate Court, Thuraiyur. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate https://www.mhc.tn.gov.in/judis

¶34

4/7

¶35

CRL OP(MD).No.12197 of 2025

¶36

Court, Thuraiyur;

¶37

[c] the petitioner shall appear and sign before the respondent police daily at 10.30 a.m., except on hearing dates, until further orders; the petitioner shall appear before the concerned Court on hearing dates without fail.

¶38

[d] the petitioner shall not abscond either during investigation or trial.

¶39

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

¶40

[f] 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].

¶41

https://www.mhc.tn.gov.in/judis

¶42

5/7

¶43

CRL OP(MD).No.12197 of 2025

¶44

[g] If the accused thereafter absconds, a fresh FIR can be registered under

¶45

Section 269 BNS.

¶46

sd/21/07/2025