Prabu Devan vs Inspector Of Police

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 25.09.2025 for the alleged offence under Sections 296(b), 115(2), 118(1) & 103 of B.N.S., in Crime No.184 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 23.09.2025 at about 5.00 p.m., the brother-in-law of the defacto complainant along with one Kumar were proceeding in a bike, near Erukkampattu Village, the petitioner drove his car in rash and negligent manner. When they questioned about the same, the petitioner abused them in filthy language. In furtherance at about 8.00 p.m., the petitioner came to the place of the defacto complainant, assaulted her husband Aandi on his head by using axe and thereby caused fatal injury. Hence, a case has been registered.

Earlier this Court dismissed the bail application of the petitioner on on the ground that the investigation is pending. Now, investigation is concluded and final report is also filed and the same is also committed as sessions case in S.C.No.15 of 2026 on the file of the Additional District Judge, Kallakurichi. Since, there is a change in circumstances, the learned counsel for the petitioner prays to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and upon instructions submitted that totally there are three accused in this case and that the petitioner is ranked as A1 and that this is the third bail application of the petitioner and that earlier bail applications have been dismissed by this Court in Crl.O.P.No.28509 of 2025, dated 17.10.2025 and Crl.O.P.No.31848 of 2025, dated 21.11.2025. He further submitted that in this case, investigation is completed and final report is filed and the same is taken up for trial in S.C.No.15 of 2026, on the file of the Additional District Judge, Kallakurichi. However, he opposed to grant bail to the petitioner.

I have heard the learned counsel on either side and also perused the materials available on record.

Considering the above submissions made on both sides; and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to certain conditions.

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 each, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kariyalur, Kallakurichi District, 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., for the period of four weeks and thereafter, as and when required for interrogation before the respondent police;

[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.