N.Gowtham And Others vs State

K. Rajasekar, J

The petitioners, who were arrested and remanded to judicial custody on 22.10.2025 and 05.11.2025 respectively for the alleged offences punishable under Section 191(1), 191(2), 126(2), 109(1) and 351(2) of BNS, in Crime No.500 of 2025 on the file of the respondent police, seek bail.

The allegation against the petitioners is that, the petitioners joining hands with other accused, attacked the defacto complainant with Aruval and caused severe injuries. Hence, complaint has been lodged and the petitioners were arrested.

Learned counsel appearing for the petitioners submitted that the petitioners are an innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners were arrested and they are in judicial custody from 22.10.2025 and 05.11.2025 respectively and ready to abide by any conditions that may be imposed by this Court. He further submitted that though 1 previous case is being cited against the petitioner/A7 herein, he is already on bail, and the nature of the offence is also not similar in nature. There are no previous cases against the other petitioners/A8 &A9. Hence, he prayed for grant of bail to the petitioners.

The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioners are ranked as A7 to A9. The injured has been discharged from the hospital; however he is undergoing outpatient treatment for the injuries caused to him. Hence, he strongly opposes grant of bail to the petitioners.

Considering the fact that the petitioners are not named in the FIR, the major allegation is against the other accused, the petitioners are in custody from 21.10.2025, and the victim has been discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate-I, Tambaram, 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 petitioners shall appear before the Trial Court daily at 10.30 a.m., for the period of three weeks.

[c] 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];

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