Subashkar vs The State Rep By, The Inspector Of Police, Kurinjipaid P.S., Cuddalore District

The petitioner, who was arrested and remanded to judicial custody on 17.01.2026 for the alleged offence under Section 296(b), 329(4), 118(2), 351(3), 109(1) BNS, in Crime No.14 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that, owing to previous enmity, the petitioner allegedly attacked the victim with a bladed weapon, causing multiple injuries. It is further allged that, while the police attempted to apprehend him, the petitioner attacked two police personnel with the same weapon and caused injuries to them. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner was arrested and remanded in judicial custody since 17.01.2026. He further submitted that the petitioner is innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation.

The learned Government Advocate (Criminal Side) strongly opposed the bail petition, submitting that the petitioner attacked the victim with a bladed weapon due to previous enmity and caused multiple injuries. He further submitted that the petitioner also attacked two police personnel with a bladed weapon when they attempted to apprehend him. He also further submitted that the charge sheet is filed and the case is pending in S.C.No.177 of 2026 on the file of the III Additional District and Sessions Judge, Cuddalore at Virudhachalam and the injured has been discharged from the hospital.

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 facts and circumstances of the case, the long period of custody undergone by the petitioner, and the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner, subject to the following 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 Additional Judicial Magistrate Court No.III, Virudhachalam, 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 Trial Court 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.