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Judgment
The petitioners, who were arrested and remanded to judicial custody on 13.08.2026 for the alleged offence under Sections 296(b), 115(2), 118(1) and 109 of BNS, 2023 in Crime No.249 of 2026 on the file of the respondent police, seeks bail.
The allegation against the petitioners is that, on account of a temple festival dispute, prior enmity arose between the petitioners and the de facto complainant. During the course of this dispute, the petitioners allegedly abused and assaulted the defacto complainant using a brick and a knife, thereby causing injuries to him. Hence, the registration of the complaint.
The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in the present case and that they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners is in judicial custoddy since 13.08.2026 and that they 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 there are three petitioners in this case and the petitioners are arrayed as A1 and A2. He further submitted that the injured was discharged from the hospital. 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 injured has already been discharged from the hospital 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, Sholingur, 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., for a period of 15 days and thereafter as and when required for interrogation;
[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.