Bharathiraja And Others vs State Of Tamilnadu

P. Dhanabal, J

The petitioners / Accused, who were arrested and remanded to judicial custody on 28.04.2026 for the offences punishable under Sections 126(2), 311, 351(3) of BNS, in Crime No.112 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that on 26.04.2026 at about 09.30p.m., while the defacto complainant was going to Temple, the accused persons waylaid and threatened him with aruval, snatched his mobile phone and vehicle and also assaulted him. Hence, the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners have been arrested and remanded to judicial custody on 28.04.2026 and the injured was discharged from the hospital. Therefore, prayed to grant bail for the petitioners.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered against the accused persons. He would further submit that the investigation is pending and the offences are grave in nature and both the petitioners have previous cases and they are history sheeters. Hence, he strongly opposed to grant bail to the petitioners.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, considering the period of incarceration undergone by the petitioners and the injured was discharged from the hospital and also the fact that though the petitioners have previous cases, they were granted bail in those cases and the properties were recovered from the accused persons, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur, and on further conditions that:

[b] the petitioners shall report before the Sattur Town police at 10.30 a.m., until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the 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)AIR SCW 5560].

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