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Judgment
The petitioners, who were arrested and remanded to judicial custody on 01.10.2025 for the alleged offences punishable under Sections 103(2), 126(2), 140(1), 190, 191(2), 191(3), 351(3), and 61(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No. 472 of 2025 on the file of the respondent police, seek bail.
The case of the prosecution is that due to a dispute with regard to an auto stand, the petitioners along with the co-accused, kidnapped the deceased and attacked him using knives, causing about 50 cut injuries, thereby causing his death on the spot. Hence, the case.
The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the investigation is completed, the charge sheet has already been filed, and the case has been taken on file as S.C.No.223 of 2026 on the file of the learned Additional District and Sessions Judge, Chengalpet, which was posted on 27.08.2026 for framing of charges. He also drew the attention of this Court to the fact that the co-accused has already been granted bail by this Court in Crl.O.P.No.23215 of 2026 dated 20.08.2026. Therefore, on the ground of parity and considering the long period of custody from 01.10.2025, he prayed for the grant of bail to the petitioners.
The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioners, submitting that the petitioners were part of an unlawful assembly that brutally murdered the deceased by inflicting 50 cut injuries. He further submitted that the first petitioner (A1) is a habitual offender having eight previous cases and the second petitioner (A4) has five previous cases pending against him. Hence, he prayed for the dismissal of the bail petition.
Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent police, and perused the materials available on record.
Looking at the gravity of the offence and the active criminal history of the first petitioner (A1) who has eight previous cases pending against him, this Court is not inclined to grant bail to the first petitioner (A1). Accordingly, the bail petition stands dismissed as far as the first petitioner (A1) is concerned.
However, considering the facts and circumstances of the case, and taking note of the fact that the investigation is completed, the charge sheet has been filed, and the co-accused on identical footing has already been granted bail, this Court is inclined to grant bail to the second petitioner (A4), despite the previous cases, subject to stringent conditions.
Accordingly, the second petitioner (A4) 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 Additional District and Sessions Judge, Chengalpattu, 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;
[b] the second petitioner shall report before the trial Court on all working days at 10.30 A.M. until further orders;
[c] the second petitioner shall not abscond either during investigation or trial;
[d] the second 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 second petitioner in accordance with law as if the aforementioned conditions have been imposed and the second 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.