Chandra Prakash & Anr. vs The State Rep By The Inspector Of Police

The Petitioners, who were arrested and remanded to judicial custody on 29.09.2026 for the alleged offence under Sections 126(2), 296(b), 118(1), 311, 125,351(2) of Bharatiya Nyaya Sanhita, 2023 in Crime No.282 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that, on 27.09.2026, at about 03.45p.m., the petitioners unlawfully assembled, armed with deadly weapons, at intercepted the de-facto complainant’s lorry, abused him in filthy language, and assaulted him with iron rod and caused injuries to the defacto complainant. Hence, the case.

The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners have been in judicial custody since 29.09.2026. 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 petitioners, armed with deadly weapons, had assaulted the de-facto complainant causing injuries. He further submitted that the injured was discharged from the hospital. 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 nature and gravity of the allegations, the weapons allegedly used, the injuries sustained by the de-facto complainant and the fact that the injured were discharged from the hospital, this Court is inclined to grant bail to the petitioners, 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate at Ambattur 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 10.30 a.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.