Balraj Alias Bala vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 06.02.2026 for the alleged offence under Section 108 of B.N.S. in Crime No.24 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that due to the illicit relationship between the petitioner and the wife of the deceased, the deceased was abetted to commit suicide. Hence the case.

According to the prosecution case, only due to the illicit relationship between the petitioner and the wife of the deceased, the occurrence took place. The learned Government Advocate (Criminal side) appearing for the respondent police would submit that when the deceased returned to home, he witnessed that the petitioner and the wife of the deceased were in a compromised position, which resulted in abetment of suicide. Though such things might cause some disturbance on the minds of an individual, from the submissions made by the learned Government Advocate, this Court could not find any other external factor so as to bring prima facie material for such abetment and from looking at the submissions made on either side, it is seen that the petitioner is behind jail from 06.02.2026. Though learned Government Advocate would submit that investigation is still pending, as of now, the wife of the deceased is not an accused in this matter.

In such view of the factual position, this Court is inclined to grant bail to the petitioner, subject to the following stringent 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 No.II, Tindivanam 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 respondent police daily twice at 10.30 a.m. and 5.30 p.m. until further orders and no relaxation petition is entertained for 60 days;

[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.