Rasu Kutti Vs The State Of Tamilnadu Rep By The Inspector Of Police, Thenkarai

The petitioner / Accused, who was arrested and remanded to judicial custody on 24.03.2026 for the offences punishable under Sections 191(2), 191(3), 329(4), 296(b), 351(3) of BNS, 2023, Section 4 of TNPHW Act, 2002 and Section 3 of Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage of or loss to property) Act, 2008 in Crime No. 274 of 2026 on the file of the respondent police, seeks bail.

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The case of the prosecution is that on 23.03.2026 at about 9.30 p.m, the petitioner and other accused trespassed into the hospital which is running by the defacto complainant and abused the nurse and damaged the articles worth about Rs.15 lakhs. Hence the case.

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The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 24.03.2026. Therefore, prayed to grant bail for the petitioner.

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

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CRL OP(MD). No. 7543 of 2026

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The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered under Sections 191(2), 191(3), 329(4), 296(b), 351(3) of BNS, 2023, Section 4 of TNPHW Act, 2002 and Section 3 of Tamil Nadu Medicare Service Persons and Medicare Service Institutions (Prevention of violence and damage of or loss to property) Act, 2008 in Crime No. 274 of 2026. He would further submit that the petitioner has no previous case. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioner.

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This Court heard both sides and perused the materials available on record.

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Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that there is the dispute between A1 and the defacto complainant in respect of giving treatment and nobody was injured in this case and also the petitioner has no previous case and also considering the period of incarceration

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

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CRL OP(MD). No. 7543 of 2026

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undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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[a] Accordingly, the petitioner is ordered to be released

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on bail on condition to execute 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

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Magistrate, Periyakulam, and on further conditions that:

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[b] the petitioner shall report before the respondent

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police daily at 10.30 a.m., until further orders;

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[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

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[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with

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

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CRL OP(MD). No. 7543 of 2026

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the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 17.04.2026

apd

To

1.The Judicial Magistrate, Periyakulam.

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2.The Inspector of Police,