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Judgment
15 paragraphs · 516 wordsP. Dhanabal, J
The petitioners/Accused, who were arrested and remanded to judicial custody on 08.04.2026 for the offences punishable under Sections 296, 126(2), 109 of of BNS, 2023 (294, 341, 307 of IPC) in Cr. No.174 of 2026 on the file of the respondent police, seek bail.
The case of the prosecution is that the first petitioner being the husband was alleged to have attempted to murder his wife with an aid of co-accused with a weapon on questioning her fidelity, as a result of which, the defacto complainant sustained grievous injuries. Hence the case.
The learned counsel for the petitioners would contend that the petitioners have been falsely implicated in this case. The petitioners are an innocent and they are nothing to do with the alleged offences. The earlier bail application filed by the petitioners before the Trial Court was dismissed. They are in judicial custody from 08.04.2026. Therefore prayed to grant bail to the petitioners.
The learned Government Advocate (Criminal Side) would submit that due to family dispute, the 1st petitioner/husband with the aid of the 2nd petitioner attacked the defacto complainant. Based on the complaint given by the defacto complainant, this case was registered against the accused persons. Now the injured has been discharged from the hospital. However, he strongly opposed to grant bail to the petitioners.
Heard both sides and perused the materials available on record.
Considering the rival submissions made on either side, considering the nature of offences, and the fact that the petitioners are in judicial custody from 08.04.2026, and the injured have already been discharged from the hospital, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- each (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tiruppur, and on further conditions that:
[b] the petitioners shall report before the respondent Police, daily at
10.00 a.m. until further orders;
[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during investigation or trial;
[e] the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;
[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.2023.
