Antony Yesubalan vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 11.12.2025 for the offences punishable under Sections 296(b), 115(1), 118(2), 351(2) of BNS, 2023 r/w. Section 25(1)(a) of ARMS Act r/w. Section 153 of Railway Act in Crime No.708 of 2025, registered on the file of the respondent police, seeks bail.

The case of the prosecution is that on 11.12.2025, while the defacto complainant was proceeding to his college in an electric train; that due to prior enmity between the petitioner and the defacto complainant, which took place in a college tournament, the petitioner and other accused entered into the train compartment, abused the defacto complainant using filthy language and attacked him using stone and knife, thereby caused injuries to the defacto complainant. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner is a second year college student and he has been falsely implicated in this case and in judicial custody since 11.12.2025; that the co-accused in this case were granted bail by this Court, vide orders dated 12.01.2026 in Crl.O.P.Nos.649, 686 and 688 of 2026; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted that totally six persons involved in this case and the petitioner is arrayed as A1; that the injured in this case was discharged from the hospital; that the petitioner has no previous cases; and that the investigation is pending.

Considering the submissions made, facts and circumstances of the case, the fact that the injured discharged from the hospital, the co-accused were already enlarged on bail by this Court in Crl.O.P.Nos.649, 686 and 688 of 2026, the fact that the petitioner has no previous cases and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Pallavaram 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 05:30 p.m., for a period of four weeks and thereafter, as and when required for interrogation;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.