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Judgment
S.Srimathy, J
The petitioners, who were arrested and remanded to judicial custody on 07.10.2025 for the offences punishable under Sections 61(2) (b), 335, 337, 339, 340(2), 319(1) of BNS and under Section 66(c ) IT Act, in Crime No.34 of 2025 on the file of the respondent police, seek bail.
The case of the prosecution is that the petitioners along with other accused persons, had created a forged allotment order for joining the defacto complainant's medical college. Hence, the complaint.
The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 07.10.2025. Hence, he seeks bail to the petitioners.
The learned Additional Public Prosecutor submitted that there is no previous case pending against the petitioners. However, he opposed for grant of bail to the petitioners.
Taking into consideration of the facts and circumstances of the case and 1st petitioner is aspiring to become doctor and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
Accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul, and on further conditions that :-
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police daily at 10.30 a.m., for 3 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 evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.