Maharaja vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 08.08.2025 for the offences punishable under Sections 296(b) and 103(1) of BNS, in Crime No.300 of 2025, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he demanded money from the deceased for consuming liquor. When the deceased refused, a wordy quarrel ensued, during which the petitioner allegedly abused and assaulted the deceased with a spade, as a result of which the deceased died on the spot. Hence, a case has been registered and the petitioner was arrested.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and that he is judicial custody since 08.08.2025. He further submitted that the petitioner has no previous case and that the investigation has been completed. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the investigation is completed and the charge sheet was also filed in SC.No.178 of 2025 on the file of the District and Sessions Judge, Kancheepuram, and that the petitioner has no previous case pending against him. However, 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 either side, the nature of the allegations, the fact that the investigation is completed and the final report filed and that the petitioner has no previous case pending against him, the motive behind the occurrence and also considering the period of his incarceration, this Court is inclined to grant bail with certain conditions.

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 each, for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, 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.