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Judgment
The petitioners, who were arrested and remanded to judicial custody on 31.07.2026 for the alleged offence under Section 140(2), 127(2), 308(2)(3), 351(3) of BNS, in Crime No.256 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that initially, a complaint regarding the man missing was registered, which was subsequently altered to one for kidnapping and ransom. Hence the case.
The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He also further submitted that the parties were known to each other and that there werew several transactions between them. He contended that, due to the dispute over the return of the vehicles, a false case has been foisted against the petitioners. He also further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners.
Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioner has been incarcerated since 31.07.2026. He further submitted that there are four previous cases are pending against the A3, out of which one is under the Arms Act and one is under the IPC and there are no previous case is pending against the A4. He also further submitted that subject vehicle was recovered. Hence, he opposed the grant of bail to the Petitioners.
I have given my anxious consideration to either side submissions and perused the materials available on record.
Considering the submissions made by the learned counsel on both sides and the period of incarceration already undergone by the petitioners, this Court is inclined to enlarge the petitioners on bail subject to certain conditions.
Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- each (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned District Munsif-Cum-Judicial Magistrate, Kurinjipadi, 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 petitioners shall report before the respondent Police daily at 10.30a.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in acc with law as if the aforementioned conditions have been imposed and the petitioners 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.