Seshanth vs The State Rep By The Inspector Of Police

The petitioner (A2), who was arrested and remanded to judicial custody on 26.08.2026 for the alleged offences punishable under Sections 109, 296(b), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023 (307, 294(b) and 506(2) of IPC), in Crime No.139 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the occurrence took place on 14.04.2026. It is alleged that the co-accused (A1), along with the petitioner (A2), abused the husband of the defacto complainant in filthy language and assaulted him with a knife, causing injuries. It is further alleged that while fleeing from the spot, the petitioner (A2) threatened the husband of the defacto complainant with dire consequences. Hence, the case was registered.

The learned counsel appearing for the petitioner submits that the petitioner is innocent of the allegations and has been falsely implicated. He further submits that the injured person has already been discharged from the hospital and is out of danger. Highlighting that the co-accused (A1) has already been enlarged on bail, that the investigation is completed, and that the charge sheet has already been filed, he prays for the grant of bail to the petitioner based on the period of incarceration.

The learned Government Advocate (Crl.side) appearing for the respondent opposes the grant of bail, citing the nature of the weapon used. However, he concedes the facts that the investigation has been completed, the charge sheet has been filed, and the injured person has been discharged from the hospital. He also confirms that the co-accused (A1) has already been granted bail.

Heard both sides and perused the materials available on record.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner from 26.08.2026, and taking note of the fact that the investigation is complete, the charge sheet has already been filed, the injured person has been discharged from the hospital, and the co-accused (A1) has already been enlarged on bail, this Court is inclined to grant bail to the petitioner with 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, for a like sum to the satisfaction of the Judicial Magistrate, Gudiyatham, 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;

[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.

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.