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Judgment
11 paragraphs · 495 wordsA.D.Jagadish Chandira, J
Petition seeking bail in respect of Crime No.14 of 2026 registered for the offences punishable under Sections 296(b), 115(2), 118(1), 310(2), 311, 351(3) and 74 of BNS and later, altered into Sections 296(b), 115(2), 118(1), 353(3), 74, 308(2), 131 and 132 of BNS, is on board for consideration.
The learned counsel for the petitioner, pleading innocence on the part of the petitioner, who has been in incarceration since 25.01.2026 and false implication in the case, seeks indulgence of this Court. He further submits that since the petitioner is involved in other offences, the respondent police have registered a false case against him. He also submits that the petitioner, aged about 24 years, is ready to abide by any stringent condition that may be imposed by this Court.
The case of the prosecution as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that the petitioner had demanded and collected illegal gratification, attacked the de facto complainant and his husband and also abused them in a filthy language. He further submits that there are seven previous cases pending against the petitioner and that this is the second bail application and the previous application has been dismissed by this Court on 26.03.2026. He also submits that the final report has been filed before the Judicial Magistrate Court, Tiruvannamalai, but the same has not been taken on file.
Having heard the learned counsel for the petitioner, the learned Government Advocate (Criminal Side) for the respondent Police and perused the materials available on record and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions and accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Chengam, 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 learned Judicial Magistrate, Tiruvannamalai, everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with 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 of B.N.S.
