Musaraf And Others vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 05.12.2025 for the alleged offences under Sections 103, 191(2), 191(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.388 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with the other accused, attacked the deceased, causing 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 have already been enlarged on bail vide order dated 16.03.2026 passed in Crl.O.P.Nos.6625, 6627 and 6775 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 been completed and a final report has been filed, which has been taken on file as P.R.C.No.5 of 2026 before the concerned Magistrate.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Considering the above facts and taking into account the period of incarceration undergone by the petitioner since 05.12.2025, the fact that the co-accused have already been enlarged on bail, and the stage of the case, this Court is inclined to enlarge the petitioner 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) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Hosur, 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 petitioners shall report before the respondent police everyday at 10.30 a.m. until further orders and no relaxation petition shall be entertained for a period of 30 days;

[c] the petitioners shall not abscond either during investigation or trial;

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