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Judgment
The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 04.07.2026, for the offences punishable under Sections 296(b), 324(3), 115(2) and 351(3) of BNS, 2023, @ into Sections 296(b), 324(3), 115(2), 109 and 351(3) of BNS, 2023, in Crime No.385 of 2026 on the file of the respondent Police, seeks bail.
The allegation against the petitioner is that due to a money dispute, he entered into the shop of the defacto complainant and attacked him with a scissor, causing injuries to his hand. It is further alleged that the petitioner damaged the properties in the shop and threatened the defacto complainant with dire consequences. Hence, a case has been registered against the petitioner and he has been arrested.
The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that the petitioner was cheated by the defacto complainant, due to which a wordy quarrel arose between them. He also submitted that no serious injury was caused to the defacto complainant. The petitioner is in incarceration from 04.07.2026. Hence, he prayed to grant bail to the petitioner.
The learned Counsel for State of TN (Crl. Side) appearing for the respondent Police reiterated the prosecution case and submitted that the investigation in this case is still pending and . He further submitted that . However, he opposed to grant bail to the petitioner.
I have carefully considered the submissions made on either side and perused the materials available on record.
Considering the nature of the offence, the fact that the petitioner is not having previous cases and the injured has already been discharged from the hospital and also considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner, subject to the following conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rajapalayam, and on further conditions that:
[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.
[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;
[d] the petitioner shall not abscond either during investigation or trial;
[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.