Karthick vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 27.10.2025 for the alleged offence under Section 191(2), 191(3), 296(b), 125, 109, 351(3) of BNS r/w 3(a) of Explosives Substance Act, in Crime No.725 of 2025 on the file of the respondent police, seeks bail.

The case of prosecution is that on 26.10.2025 the defacto complainant was in a tea shop at Madhuravoyal lake side due to previous enmity, between the defacto complainant's friends and the accused persons, the accused called the defacto complainant for compromise, accordingly when the defacto complainant went near GR mobile shop at Alapakkam, where all the accused surrounded the defacto complainant and assaulted him with knife and also threw country made bomb, the defacto complainant sustained serious injuries his both hands, had plastic surgeries, subsequently the defacto complainant feeling vulnerable. Hence this 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 would further submit that the petitioner was arrested and he is in judicial custody from 27.10.2025 and ready to abide by any conditions that may be imposed by this Court. He further submitted that the co-accused already granted bail by this Court in Crl.O.P.No.31068 of 2025 dated 13.11.2025. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the case in counter, all were attacked the children, victim discharged, no previous case pending against the petitioner. Hence, he strongly opposes grant of bail to the petitioner.

Considering the facts and circumstances, and also the fact that the investigation is almost completed, and further considering the period of incarceration undergone by the petitioner and also the fact that the co-accused already granted bail by this Court in Crl.O.P.No.31068 of 2025 dated 13.11.2025 with conditions, this Court is inclined to grant bail to the petitioner subject to very same conditions imposed in Crl.O.P.No.31068 of 2025.

Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/-(Rupees five Thousand only), to the credit of Crime No.725 of 2025, on such deposit, the victim is permitted to withdraw the amount on production of proper identification and acknowledgement. On such deposit, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/-(Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-II, Poonamallee, 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] (b) the petitioners shall report before the respondent police on alternative days at 10.30 a.m. for the period of ten months.

[c] 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];

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