Ajith Kumar @ Jappan vs State

M.Jothiraman, J

The petitioner, who was arrested and remanded to judicial custody on 06.12.2025 for the offences punishable under Sections 296(b), 118(1) and 351(3) of BNS, 2023, and 3(1) of TNPPDL, in Crime No.889 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 06.12.2025, the accused attempted to extort money from the defacto complainant, which was refused by the defacto complainant. Thereafter, the petitioner waylaid the defacto complainant, threatened him with dire consequences, assaulted him with iron rod and caused damage to his vehicle. As a result of which, he sustained injuries. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 06.12.2025. Hence, he seeks bail to the petitioner.

4.The learned Additional Public Prosecutor submitted that the petitioner is the sole accused in this case. He further submitted that the petitioner has eight previous cases. He further submitted that the investigation is still pending and the injured person has been discharged from the hospital. Hence, he opposed for grant of bail to the petitioner.

5.Taking into consideration of the facts and circumstances of the case and considering the fact that injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on 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.I, Thoothukudi, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall furnish his residential address and mobile number to the learned Judicial Magistrate No.I, Thoothukudi.

[c] If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Thoothukudi.

[d] the petitioner shall appear before the respondent police daily at 10.30 a.m.. until further orders. He has to co-operate for the investigation.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.