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Judgment
The Petitioner, who was arrested and remanded to judicial custody on 25.02.2026 for the alleged offence under Sections 115(2), 118(1), 296(b), 351(2) of I.P.C. subsequently altered into 103(1), 109(1), 115(2), 118(1), 296(b), 351(2) of BNS 2023, in Crime No.70 of 2026 on the file of the respondent police, seeks bail.
The case of the proseuction is that, on 19.05.2026, due to a dipsute over cattle grazing, the petitioners and other co-accused assaulted the de-facto complainant’s husband, Baskar, and the petitioner threw a wooden log at his neck, causing him to faint. He was threatened with death and confined inside a cattle shed. Subsequently, he was taken to the Government Hospital, Ranipet, and the de-facto complainant lodged a complaint with the respondent police.
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 25.02.2026. He also further submitted that 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) oppposed the bail petition, submitting that the petitioner had been detained under the Tamil Nadu Act 14 of 1982, but the detention order was subsequently set aside on 08.10.2026. He further submitted that the investigation had been completed and the charge sheet had been filed in S.C.No.322 of 2026. 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 and gravity of the allegations, the period of incarceration undergone by the petitioner, the fact that the detention order under Tamil Nadu Act 14 of 1982 has been set aside, and the completion of the investigation with the filing of the charge sheet, this Court is inclined to grant bail to the petitioner, subject to the following 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, Katpadi 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 Trial Court 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.