Anbazhagan vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 01.07.2026 for the alleged offence under Sections 296(b), 118(1), 49 and 103(1) of BNS, 2023 in Crime No.75 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that, due to a family dispute, the petitioner attacked his father, thereby causing his death. Hence, the case.

The learned counsel appearing for the petitioner submitted that this is the second bail application filed by the petitioner and the earlier bail application was dismissed on acount of investigation pending. He further submitted that the co-accused has already been released on bail by this Court in Crl.OP.No.21964 of 2026 dated 10.08.2026. He further submitted that 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.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submmitted that major part of the investigation has almost been completed. Hence, he opposed to grant bail to the petitioner.

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

It is a case of murder. The allegation against the petitioner is that the petitioner had attacked his father/deceased at the instigation of his mother. The mother(co-accused) has already been granted bail by this Court in Crl.OP.No.21964 of 2026 dated 10.08.2026. Considering the relationshiop of the parties, the nature of the allegations and the fact that the co-accused/A1 was granted bail by this Court and taking into account the period of incarceration since 01.07.2026, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Sanakarapuram, 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 accordance 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.