Prabu And Others vs State

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 08.03.2026 for the alleged offences under Sections 296(b), 118(1), 351(3) and 109 of the Bharatiya Nyaya Sanhita, 2023, in Crime No.50 of 2026 on the file of the respondent police, seek bail.

The allegation against the petitioners is that, due to previous enmity, the petitioners, along with the other accused, attacked the defacto complainant with a knife and threatened him with dire consequences. Hence, the case.

The learned counsel for the petitioners would submit that the petitioners are innocent and have been falsely implicated in this case. He would further submit that the petitioners are ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The said contention was opposed by the learned Government Advocate (Crl. Side) appearing for the respondent, who submitted that the injured has been discharged from the hospital and that the petitioners have no bad antecedents.

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

Considering the above facts and circumstances, the fact that the petitioners have no bad antecedents and also the fact that the injured has been discharged from the hospital, this Court is inclined to enlarge the petitioners on bail with certain conditions.

Accordingly, the petitioners are 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.4, Salem, 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. for a period of two weeks and thereafter as and when required for interrogation;

[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 petitioners 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.