Nareshkumar vs State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody for the alleged offences punishable under Sections 126(2), 191(2), 191(3), 296(b), 115(2), 118(1), 109(1), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), which were subsequently altered into Sections 126(2), 191(2), 191(3), 296(b), 115(2), 118(1), 351(3), and 103(1) of the BNS in Crime No. 122 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 14.06.2026 at about 22:30 hours, A-1 and A-6 waylaid the deceased, Nagapoosam, and demanded money. When the deceased refused, a scuffle ensued. Thereafter, the accused went to the house of the deceased and assaulted him all over his body with a wooden log. The deceased was initially admitted to the Government Hospital, Gudiyatham, and was subsequently shifted to the Government Hospital, Vellore, for further treatment, where he succumbed to his injuries on 15.06.2026 at about 16:20 hours. Based on the complaint lodged by the de facto complainant, the case was registered, and upon the demise of the deceased, the case was altered by including Section 103(1) of the BNS.

The learned counsel appearing for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. He further submitted that even according to the case of the prosecution, the primary overt acts of waylaying and assaulting the deceased with a wooden log are specifically attributed to A-1 and A-6, and no specific overt act has been assigned to the present petitioner in the main assault. He added that the petitioner has been in continuous judicial custody for a substantial period, the major portion of the investigation is completed, and hence, he prayed for the grant of bail.

The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioner, submitting that the offence involved is highly serious in nature, resulting in the demise of an individual. He further submitted that the petitioner was part of the unlawful assembly that went to the victim's residence to perpetrate the crime, and if released on bail at this stage, there is a strong apprehension that he might tamper with the prosecution witnesses or abscond from justice. Hence, he prayed for the dismissal of the bail petition.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side), and perused the materials available on record.

Considering the facts and circumstances of the case, the nature of the allegations, the fact that the primary overt acts of physical assault with weapons are specifically attributed to other co-accused, and taking note of the period of incarceration already undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, and on further conditions that:

[a] the sureties shall affix his 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 his identity;

[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 accordance 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.

Note:

Registry is directed to forthwith upload this order in the Official Website of this Court.

All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.