Manohar vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 17.11.2025 for the alleged offence under Section 103(1) of B.N.S. (Section 302 of IPC) in Crime No.664 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner is the son of one Selvarani born through her 1st husband and she was staying along with one Murugesan. Due to the quarrel between the petitioner and the said Murugesan, the petitioner assaulted the Murugesan using iron rod and hammer and caused death. Hence, this case.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and the deceased Murugesan is the step father of the petitioner. He would submit that the petitioner has been under incarceration since 17.11.2025 and investigation has already been completed and there are no previous cases against the petitioner. Hence, he prays for grant of bail to the petitioner.

The above said contention of the petitioner, though has been seriously disputed by the Learned Government Advocate (Criminal side) appearing for the respondent police, he submitted that investigation was completed and charge sheet was also filed and the same was taken on file in PRC No.11 of 2026.

I have given my anxious consideration to either side submissions and perused the materials available on record.

In view of the said position and taking into consideration the long incarceration of the petitioner since 17.11.2025, this Court is inclined to grant bail to the petitioner, subject to 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, Omalur, 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 petitioner shall report before the respondent police daily at 10.30 a.m., and 5.30 p.m. for a period of 8 weeks and thereafter, as and when required by the respondent police 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 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]:

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