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Judgment
11 paragraphs · 373 wordsS.Srimathy, J
The petitioners, who were arrested and remanded to judicial custody on 01.12.2025 for the offences punishable under Sections 191(2), 296(b), 191(3), 351(2), 109(1), 118(1) and 125 of BNS Act, in Crime No.139 of 2025 on the file of the respondent police, seek bail.
The case of the prosecution is that on 30.11.2025, due to vehicle parking dispute, the accused persons had attacked the defacto complainant using bricks and caused head injuries and abused him in filthy language. Hence, the complaint.
The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners 1 and 3 have already been granted interim bail by this Court on 09.01.2026. and other petitioners have already been granted bail by this Court on 02.01.2026. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court.
The learned Additional Public Prosecutor submitted that the injured person has been discharged from the hospital. However, he opposed for grant of bail to the petitioners.
Taking into consideration of the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the petitioners 1 and 3 have complied with the conditions imposed by this Court dated 09.01.2026, therefore, the interim bail granted by this Court dated 09.01.2026 is made absolute on the following conditions :-
[a] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
[b] the petitioners shall not abscond either during investigation or trial.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.