Ajith Kumar vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 30.10.2025, for the offence punishable under Sections 296(b), 115(2), 118(1), 109(1), 351(3) of BNS in Crime No.291 of 2025, registered on the file of the respondent, seeks bail.

The allegation against the petitioner is that the petitioner is the son of the defacto complainant and due to enmity, petitioner abused the defacto complainant in filthy language and also attacked with knife, due to which, defacto complainant sustained injuries on chest. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the injured has been discharged from the hospital. However, he opposed for grant of bail to the petitioner.

Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner with certain conditions:

Accordingly, the petitioner is 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 District Munsif Cum Judicial Magistrate, Kilpennathur 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 appear before the concerned Court on all working days at 10.30.a.m., for a period of three weeks and thereafter on all hearing dates without fail;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required;

[d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.