Akash vs The State

The Petitioner, who was arrested and remanded to judicial custody on 07.08.2026 for the alleged offence under Sections 103(1), 115(2), 126(2), 140 and 238 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.234 of 2026 on the file of the respondent police, seeks bail.

The case of the proseuction is that, on 07.08.2026, due to previous enmity, A1 to A7 formed an unlawful assembly, abducted the deceased Surya, attacked him with a knife, and subsequently dumped his body near the seethancherry Social Forest. Based on the complaint, a case was registered.

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 07.08.2026. He also further submitted that there is no specific overt act against the petitioner and 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.

The learned Government Advocate (Criminal Side) opposed the bail petition, stating that the petitioner and other accused, due to previous enmity, abducted and murdered the deceased Surya and dumped his body near the seethancherry Social Forest. He further submitted that the investigation is still pending and the charge sheet is yet to be filed. He also further submitted that one previous case is pending againt the petitioner.

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

Considering the nature of the allegations, the period of incarceration undergone by the petitioner, and the facts and circumstances of the case, 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 No.1, Tiruvallur, 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.

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