Harish vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 22.10.2025, for the alleged offence punishable under Sections 191(1), 191(2), 126(2), 109(1), 351(2) of BNS, in Crime No.500 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that on 21.10.2025, due to previous enmity, petitioner along with other accused abused the defacto complainant in filthy language and also attacked the defacto complainant with knife, due to which, defacto complainant sustained injuries. Hence, the case.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the co-accused/A7 to A9, A10 & A11 were released on bail by this Court. He further submitted that the petitioner is in judicial custody from 22.10.2025. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are 14 accused in this case. The petitioner is ranked as A5 and that the petitioner has no previous case against him. Hence, he opposes to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the submissions made by the learned counsel on either side, the fact that the co-accused/A7 to A9, A10 and A11 were released on bail by this Court in Crl.OP.Nos.31682 & 31733 and 31641 of 2025 dated 20.11.2025, the petitioner has no previous case against him and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner.

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, for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram, 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 report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation.

[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 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];

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