Shahul Hameed vs State Rep by The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 04.08.2026 for the alleged offence under Sections 191(2), 191(3) and 109 of BNS, 2023 in Crime No.207 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that while the de facto complainant was proceeding on his two-wheeler, the petitioner and the co-accused followed him in a car and rammed it from behind. When the complainant fell down, they allegedly attempted to murder him using dangerous weapons. Hence, the case was registered.

The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner’s name was not found place in the FIR and that he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution's case and submitted that the petitioner is arrayed as A3. He further submitted that the accused persons inflicted grievous injuries on the victim using a billhook and an iron rod, attempting to murder him. Hence, he opposed the grant of bail to the petitioner.

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

Considering the nature of the allegation against the petitioner, the fact that the petitioner has no criminal antecedents and also considering the period of incarceration, this Court is inclined to enlarge the petitioner on bail on 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 learned Judicial Magistrate No.II, Udumalpet, 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.