Aravinth vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 30.08.2026 for the alleged offence under Sections 109(1), 115(2), 118(1), 296(b), 351(3) of BNSS, in Crime No.510 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the second accused assaulted the defacto complainant’s elder brother following a dispute over the reinstatement of a worker and thereafter, along with other accused, quarreleed with and criminally intimidated the defacto complainant and others. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 30.08.2026. He further submitted that the co-accused/A2 was already enlarged on bail by this Court in Crl.OP.No.28896 of 2026 dated 08.10.2026. He also 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 submitted that the petitioner is arrayed as A3 and is the son of A1. The specific overt act against the petitioner is that the petitioner along with other accused assaulted the defacto complainant, causing stab injuries on the stomach. He further submitted that the petitioner has no previous case and the investigation is still pending. Hence, he opposed the grant of bail to the petitioner.

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

Considering the facts and circumstances of the case, period of incarceration already undergone by the petitioner, the fact that the petitioner has no previous criminal antecedents and that the co-accused has already been released on bail, 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 Court No.I, Pollachi, 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.