Naveenkumar @ Settu vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 20.10.2025, for the alleged offence punishable under Sections 296(b), 103 of BNS in Crime No.439 of 2025, on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he attacked the deceased with his hands and legs since there was a quarrel regarding riding of the motor cycle. Hence, the complaint was lodged and the petitioner was arrested.

Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that no weapon was used and that the incident occurred due to a sudden quarrel, during which the petitioner attacked the deceased. He further submitted that the petitioner was arrested and he is in judicial custody since 20.10.2025. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation is still pending and that, if the petitioner is granted bail, there is a likelihood of tampering with the investigation. Hence, he opposed for the grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

On perusal of the First Information Report, it is seen that the occurrence arose out of a sudden quarrel and that the petitioner had allegedly attacked the deceased using his hands and legs.

Considering the above facts and circumstances stated above, submissions made by the learned counsel on either side, this Court is inclined to grant bail to the petitioner.

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, for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyatham, 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 respondent police daily at 10.30 a.m., for a period of four 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.