Siva vs The State Rep By The Inspector Of Police

The Petitioner, who was arrested and remanded to judicial custody on 10.06.2026 for the alleged offence under Sections 126(2), 296(b) and 103 of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.432 of 2024 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the de-facto complainant and the petitioner are husband and wife. Due to the petitioner’s habit of consuming alcohol, frequent quarrels arose between them, during which the petitioner allegedly assaulted the de-facto complainant. When the brother questioned the petitioner’s conduct, the petitioner allegedly murdered him in 2024, in connection with which a case in Crime No.432 of 2024 is pending. Subsequently, on 09.06.2026, when the de-facto complainant was proceding near a shop, the petitioner allegedly abused her in filthy language, threatened her not to depose in the murder case, and attempted to assault her. Based on the said allegation, the first bail was cancelled and he was arrested in this case on 10.06.2026 and he is in custody since then.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 10.06.2026. He also further submitted that the petitioner 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.

The learned Government Advocate (Criminal Side) strongly opposed the bail petition, submitting that the case is now posted for facing of trial. Hence, he sought dismissal of the bail petition.

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

Considering the facts and the circumstances of the case and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on him 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 II Additional District and Sessions Judge at Salem, 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 file an affidavit before the learned Judicial Magistrate, undertaking that he will not attempt to influence, contact, or threaten any witness in this case. In the event of any complaint being received regarding threats to or intimidation of any witness by the petitioner, the bail granted to the petitioner shall be liable to be cancelled. [c] the petitioner shall report before the Trial Court daily at 10.30 a.m., until further orders; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in acc 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.