Sakthi vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 22.01.2026 for the alleged offence under Section 194 of the Bharatiya Nyaya Sanhita, 2023, which was subsequently altered to Section 105 of the BNS, 2023, in Crime No.8 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, while consuming liquor along with the deceased, he got into a wordy quarrel with him and pushed him, as a result of which the deceased fell down, sustained a head injury, and subsequently died. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case and that he has been under judicial custody since 22.01.2026. It is further submitted that the co-accused has already been enlarged on bail by this Court vide order dated 25.03.2026 passed in Crl.O.P.No.7587 of 2026. Hence, he prayed for grant of bail.

The learned Government Advocate (Crl. Side) appearing for the respondent fairly submitted that the petitioner has no bad antecedents and that, even according to the prosecution, the only allegation against the petitioner is that he pushed the deceased, which resulted in his fall and consequent head injury leading to death. He further submitted that the co-accused has already been enlarged on bail by this Court.

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

Considering the facts and circumstances of the case, the nature of the allegation, the period of incarceration undergone by the petitioner, the fact that the petitioner has no bad antecedents, and also the fact that the co-accused has already been enlarged on bail, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, 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 petitioner shall report before the respondent police everyday at 10.30 a.m. for a period of one month, and thereafter as and when required for interrogation;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.