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Judgment
15 paragraphs · 568 wordsK.Murali Shankar, J
The petitioner/3rd accused, who was arrested and remanded to judicial custody on 09.05.2026 for the offences punishable under Sections 296(b), 351(3) of BNS and Section 3(i) of TNPPDL Act and Sections 25(1A) and 27(1) of Arms Act, in Crime No.93 of 2026, on the file of the respondent Police, seeks bail.
The case of the prosecution is that on 28.04.2026 at around 2.00 p.m., at Avoor junction road near Naganathar hotel in Mathur bazaar, when one Jayaprakash was driving an auto, the petitioner along with other accused persons damaged the said auto using long knives and threatened to kill the said Jayaprakash. Hence, the complaint.
The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he is no way connected with the alleged offences. Hence, he prays to grant of bail to the petitioner.
The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that there is no previous case as against the petitioner and the petitioner along with other accused persons caused damaged to the said auto to the tune of Rs.10,000/-. Hence, he opposed the grant of bail to the petitioner.
The learned counsel for the petitioner submitted the petitioner is ready to deposit the amount for the damages caused to the auto without prejudice his contentions.
Considering the above facts and circumstances and also the fact that the petitioner is in judicial custody from 09.05.2026 and also taking note of the fact that the petitioner is ready to deposit the amount for damages caused to the auto by the accused persons, 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Keeranur.
(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;
ii)the petitioner shall deposit a sum of Rs.5,000/-(Rupees Five Thousand Only) to the credit of Crime No.93 of 2026 on the file of the respondent Police, without prejudice to his rights and contentions before the trial Court and produce the receipt / acknowledgment before the learned Judicial Magistrate, Keeranur, Pudukkottai District, within a period of two weeks from the date of receipt of a copy of this order, failing which, the bail granted to the petitioner shall stand automatically cancelled.
(iii) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation;
(iv) the petitioner shall not tamper with evidence or witness;
(v) the petitioner shall not abscond during trial;
(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
(vii) If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.
