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Judgment
The Petitioners, who were arrested and remanded to judicial custody on 26.07.2026 for the alleged offence under Sections 126(2), 296(b), 115(2), 118(1), 351(3) of B.N.S Act, Subsequently, it was altered into offences under Sections 126(2), 296(b), 103(1) of Bharatiya Nyaya Sanhita, 2023, in Crime No.354 of 2026 on the file of the respondent police, seeks bail.
The case of the proseuction is that, due to a family dispute, the petitioners, who are the brother and father of the first accused, abused the deceased Kattabomman in filthy language, assaulted him with a wooden log, pushed him to the ground, and kicked him on the chest, resulting in his death. Hence, the case.
The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submitted that the petitioners have been in judicial custody since 26.07.2026. He also further submitted that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioners.
Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that the petitioners, due to a family dispute, abused the deceased in filthy language, assaulted him with a wooden log, and kicked him on his chest, resulting in his death. He further submitted that the investigation is completed and charge sheet filed. Hence, he strongly opposed the grant of bail to the petitioners.
I have given my anxious consideration to either side submissions and perused the materials available on record.
Considering the facts and circumstances of the case, the nature of the allegations, and the relationship between the petitioners and the first accused, this Court is inclined to grant bail to the petitioners, subject to certain conditions.
Accordingly, the petitioners are ordered to be released on bail on their 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.1 at Arakkonam, 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;
[c] the petitioners shall not abscond either during investigation or trial;
[d] the petitioners 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 petitioners in acc with law as if the aforementioned conditions have been imposed and the petitioners 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.
Note:
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.