Ilamaran vs The State

The Petitioner, who was arrested and remanded to judicial custody on 11.09.2026 for the alleged offence under Sections 296(b), 118(1), 115(2), 351(3) @ Alter Section 296(b), 103(1) BNS Act, in Crime No.86 of 2026 on the file of the respondent police, seeks bail.

The case of the proseuction is that, during a temple festival, a wordy quarrel arose between the de-facto complainant and the petitioners/A1 to A4 while they were danching. The petitioners abused and assaulted the de-facto complainant with their hands and legs. When the deceased, father of the de-facto complainant, questioned their conduct, the petitioners abused him and assaulted him with their hands, a broken beer bottle, and a coconut petiole on his head, back, and cheek. Due to the injuries sustained in the occurrence, the deceased died in the hospital. Hence, a case was registered against the petitioner.

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 11.09.2026. He also further submitted that there is no specific overt act against the petitioner and 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 petitioners/A1 to A4 had assaulted the deceased with a broken beer bottle and a coconut petiole, causing fatal injuries that led to his death in the hospital. He further submitted that the investigation is still pending. 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, the period of incarceration undergone by the petitioner, and the investigation is pending, 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 at Rasipuram, 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.