Sivakumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 23.03.2026 for the alleged offences under Sections 296(b), 118(1), 115(2), 109(1) and 351(2) of Bharatiya Nyaya Sanhita (BNS) 2023, (corresponding Sections 294(b), 324, 323, 307 and 506(ii) IPC) in Crime No.78 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that due to a dispute over family property between the petitioner and the de facto complainant, the petitioner assaulted and threatened the de facto complainant with dire consequences. Hence, the case.

The learned counsel appearing for the petitioner would submit that the occurrence took place on 09.03.2026 and the FIR was registered on 10.03.2026. He would further submit that the co-accused have already been enlarged on anticipatory bail in Crl.O.P.No.8999 of 2026 dated 09.04.2026. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the injured has already been discharged from the hospital.

Taking into consideration the totality of the circumstances and the fact that the injured sustained only simple injuries and has been discharged from the hospital, and that the co-accused have already been released on anticipatory bail in Crl.O.P.No.8999 of 2026 dated 09.04.2026, this Court is of the firm view that at this length of time, the custodial interrogation of the petitioner is not required. Hence, 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 her 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 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

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