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Judgment
The petitioners, who were arrested and remanded to judicial custody on 04.10.2026 for the alleged offences punishable under Sections 191(2), 191(3), 296(b), 132 and 351(3) of BNS, 2023 and Section 25(1)(b) of Arms Act, 1959 in Crime No. 165 of 2026 on the file of the respondent police, seeks bail.
The case of the prosecution is that the petitioners petitioners along with other accused possessed knife and caused annoyance in the public place and also prevented the respondent police from discharging their duties. Hence, the complaint.
The learned counsel for the petitioners submits that the petitioners are innocents and they have been falsely implicated in this case. He further undertakes that the petitioners will strictly abide by any stringent conditions imposed by this Court and will co-operate with the investigation.
The learned Government Advocate (Criminal Side) appearing for the respondent state strongly opposes the grant of bail and also submitted that the first petitioner has two previous cases and the second petitioner has one previous case.
Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioners and also the fact that the petitioners have bad antecedents, this Court is inclined to grant regular bail to the petitioners, subject to the following conditions.
Accordingly, the petitioners are 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, Arcot, 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;
the petitioners shall report before the respondent police daily at 10:30 A.M. until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in accordance with law as if the aforementioned 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)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.