AI Structured Summary
Not yet generated for this judgment
Judgment
The Petitioner, who was arrested and remanded to judicial custody on 31.07.2026 for the alleged offence under Sections 194 of B.N.S altered as 103, 238 B.N.S, in Crime No.224 of 2026 on the file of the respondent police, seeks bail.
The case of the proseuction is that A1 and the deceased were having an extramarital affair, and upon learning of their relationship, A1’s wife left the matrimonial home, following which A1 and the deceased began living separately. Subsequently, A1 suspected that the deceased was having an affair with another person. During a wordy altercation, the deceased allegedly abused A1 in filthy language, which provoked him to stab her in the stomach and neck with a knife, causing fatal injuries. The deceased died on the spot. Hence, the case was registered.
The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 31.07.2026. 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.
The learned Government Advocate (Criminal Side) strongly opposed the bail petition, submitting that the petitioner, suspecting the deceased of having an affair with another person, stabbed her in the stomach and neck with a knife, resulting in her death on the spot. He further submitted that the investigation is completed and the charge sheet is yet to be filed. Hence, he sought dismissal of the bail petition.
I have given my anxious consideration to either side submissions and perused the materials available on record.
Considering the nature of the allegations and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.
Accordingly, the petitioner is ordered to be released on bail on him executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate 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 acc 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.