Mohamed Adham vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 29.07.2025 for the alleged offences under Sections 296(b), 118(1), 109 and 103 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.245 of 2025 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that a quarrel ensued between the petitioner/A1 and the third accused, during which the victim/deceased intervened in an attempt to pacify them. At that time, the petitioner allegedly abused the deceased in filthy language and stabbed him with a knife, resulting in his death. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the co-accused has already been enlarged on bail vide order dated 28.04.2026 passed in Crl.O.P.No.10684 of 2026, which fact was not seriously disputed by the learned Government Advocate (Crl. Side). Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the investigation has already been completed and the final report has also been filed.

Considering the above facts and circumstances, particularly the period of incarceration undergone by the petitioner, the fact that the investigation has already been completed and the final report has been filed, and also the fact that the co-accused has already been enlarged on bail, this Court is inclined to extend the benefit of parity to the petitioner and enlarge him on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their 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 Court, Thiruvarur, and subject to the following conditions:

[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 everyday at 10.30 a.m. until further orders;

[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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.