Surya @ Kamalakannan vs State

A.D.Jagadish Chandira, J

Petition seeking bail in respect of Crime No.123 of 2026 registered for the offences punishable under Sections 126(2), 296(b), 118(1), 109(1) of BNS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 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 11.03.2026 and false implication in the case, seeks indulgence of this Court. He further submits that due to previous enmity, a false complaint has been lodged against the petitioner and this is the second bail application. He also submits that the petitioner, aged about 30 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 due to previous enmity, the petitioner attacked the de facto complainant with a knife, causing injuries and also threatened her with dire consequences. He further submits that there is no previous case against the petitioner and that the injured has also been discharged from the hospital. He also submits that the final report has been filed before the Judicial Magistrate Court, Sriperumbudur, 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, Sriperumbudur, 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, Sriperumbudur, everyday at 10.30 a.m., for a period of two weeks and thereafter, on the date fixed by the learned Magistrate.

[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.