Rismitha @ Rismithra vs The State Rep. By Its The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 28.08.2026 for the alleged offences under Section 312 @ 311 and 317 of BNS, in Crime No.182 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, while the defacto complainant’s parents were inside their home, the petitioner, along with other accused persons, wearing masks and helmets and armed with knives, jumped over the compound wall and attempted to break into the house. Hence, this case.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case and that she has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner has two previous cases, pending against her. However, he opposed to grant bail to the petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

Considering the nature of the allegations, the fact that the petitioner has two previous cases, the period of incarceration already undergone by the petitioner and the fact that the offence alleged is only an attempt, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her 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 No.II, Attur, 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 respondent police 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 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.