Chote Lal Nag And Others vs State

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 15.03.20265 for the alleged offence under Section 103(1) of BNS in Crime No.117 of 2026 on the file of the respondent police, seek bail.

The allegation against the petitioners is that there are totally three accused and the present petitioners are A1 and A2 and A3 is a juvenile. According to the prosecution, the petitioners along with A3 consumed liquor and after consumption of liquor, the deceased has uttered misogynistic words against these petitioners and got enraged by the same, these petitioners allegedly assaulted the deceased with screw driver and thrown the body in the play ground and based upon the investigation, these petitioners were secured. Hence, the case.

The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that the petitioners are in custody since 15.03.2026 and they are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays to grant bail to the petitioners.

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecutions case and, upon instructions, submitted that the petitioners were arrested on 15.03.2026 and the investigation in this case is still pending. He further submitted that there are no previous cases pending against the petitioners. However, he opposed to grant bail to the petitioners.

I have considered the submissions made on both sides and also perused the records available.

Considering the facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), though, the learned Government Advocate (Crl.Side) submitted that investigation is still pending, from his submission, this Court could able to understand that major portion of the investigation has been completed and apart from that, these petitioners have been incarcerated since 15.03.2026. Hence, considering the totality of the circumstances, the long incarceration of the petitioners, the stage of investigation, the nature of allegation against the petitioners and upon the fact that there are no bad antecedents against these petitioners, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Court, Sulur, 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 petitioners shall report before the learned respondent police daily at 10.30 a.m and 05.30 p.m., until further orders and no relaxation petitions shall be entertained for a period of three months;

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

[d] the petitioners 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 petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

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