Keerthivasan @ Keerthi vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 03.12.2025 for the offences punishable under Sections 296(b), 115(2), 109 of BNS Act @ Section 105, 115(2), 296(b) of BNS Act, in Crime No.91 of 2025, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he joined hands with other accused, attacked the deceased using a wooden log and other deadly weapons and caused severe injuries. It is alleged that the deceased did not take treatment and was admitted to the hospital only after 14 days, pursuant to which a complaint was lodged. Subsequently, the injured succumbed to the injuries and the case was altered into an offence of culpable homicide not amounting to murder. Hence, a complaint was lodged and the petitioner was arrested.

Learned counsel appearing for the petitioner submitted that already arrested accused who were in custody for a long period were released on bail. He further submitted that the deceased did not die due to the injuries allegedly sustained in the occurrence, but due to other health issues as recorded in the death report. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the alleged occurrence took place on 30.03.2025 and the FIR was registered on 14.04.2025. He further submitted that the co-accused were released on bail and that the petitioner had absconded for a long period and was arrested thereafter, and that the investigation is pending. Hence, he opposed 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 both sides, the nature of the allegations, the fact that the co-accused were released on bail and the delay in filing the FIR, and other connected circumstances, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, 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 District Munsif cum Judicial Magistrate, Pochampalli, 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 concerned Court 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.