Selvam And Others vs State Of Tamil Nadu

K. Rajasekar, J

The petitioners, who were arrested and remanded to judicial custody on 29.01.2026 for the alleged offence under Sections296(b), 115(2), 118(1) & 351(2) of BNS @ 296(b), 115(2), 118(1), 351(3), 127(2), 109(1) of BNS in Crime No.28 of 2026 on the file of the respondent police, seek bail.

The allegation against the petitioners is that the petitioners and the defacto complainant are relatives and that due to previous enmity there was wordy quarrel arose between them and that the petitioners attacked the defacto complainant with wooden log and thereby caused head injury. Hence, a case has been registered and the petitioners were arrested.

The learned counsel for the petitioners submitted that they have not committed any offence as alleged by the prosecution and already there was civil dispute between the petitioners and the defacto complainant they have been falsely implicated in this case. He further submitted that this is a case and case in counter and that the petitioners are in judicial custody since 29.01.2026 and they are ready to abide by any stringent conditions that may be imposed by this

The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution's case and, upon instructions, submitted that totally there are three accused in this case and that the petitioners are ranked as A1 and A3. He further submitted that the injured has been discharged from the hospital and that no previous bad antecedents have been registered against them. Hence, he opposed to grant bail to the petitioner.

I have considered the submissions made on both sides and also perused the records available.

Considering the facts and circumstances of the case; and also taking note of the submissions made on both sides and also the fact that the injured has been discharged from the hospital and no previous case has been registered against them and also considering the period of incarceration undergone by them, this Court is inclined to grant bail to the petitioners, subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 Additional District Munsif Cum Judicial Magistrate, Ambur, and on further conditions that:

[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 learned respondent police daily at 10.30 a.m., for the period of four 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 pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.