Karthick & Anr. vs The State Represented By The Inspector Of Police

The petitioners, who were arrested and remanded to judicial custody on 03.07.2026 for the alleged offence under Sections 127(2), 115(2), 310(2), 351(2) of BNS, in Crime No.279 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioners along with other accused have abducted the defacto complainant and his friends and assaulted them by using hands and robbed their cell phone and total cash of Rs.51,000/-and also threatened them with dire consequences. Hence the case.

The learned counsel appearing for the petitioners submitted that this is the second bail application filed by the petitioners and the previous bail application was dismissed on account of criminal antecedents against the petitioners. He further submitted that the petitioners have been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused was released on bail by this Court in Crl.OP.No.22863 of 2026 dated 17.08.2026. 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 along with other accused abducted the defacto complainant who is a native of West Bengal, on the pretext of providing a job. He further submitted that the specific allegation against the petitioners is that they accompanied A5 in committing the alleged offence. He further submitted that A3 has two previous cases and A4 has six previous cases pending against them. However, 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 of the allegations, the period of incarceration already undergone by the petitioners, the fact that the co-accused has already been released on bail, this Court is inclined to enlarge the petitioners on bail subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Court, Kumarapalayam, 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 accordance 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. be noted, this order when uploaded in the