Seran vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 14.10.2025, for the alleged offence punishable under Sections 296(b), 118(1), 109(1) of BNS in Crime No.257 of 2025, on the file of the respondent police, seeks bail.

The case of the prosecution is that due to previous enmity, the petitioner attacked the de facto complainant with a knife and caused severe injuries. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is in custody from 14.10.2025, and he is not having any previous cases pending against him. He further submitted that the injured has been discharged from the hospital. Hence, he prayed for grant of bail to the petitioner.

4.The learned Government Advocate (Crl.side) would submit that the injured has been discharged from the hospital and there are no previous cases against the petitioner. However, he vehemently opposed to grant bail to the petitioner.

Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital and that there are no bad antecedents against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vridhachalam, 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 Trial Court daily at 10.30 a.m., for a period of three weeks.

[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 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 B.N.S.