Surya vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner and the defacto complainant’s son are friends and due to previous enmity, on the date of alleged occurrence, the petitioner joined hands with other accused went to the house of the defacto complainant and threw a petrol bomb at the house. Since the house was closed at the time, the occupants escaped in the incident. It is further alleged that due to the said occurrence, the front gate of the defacto complainant’s house was got damaged. Hence, the complaint.

Learned counsel appearing for the petitioner submitted that the petitioner was arrested only on suspicion and that no one is injured in this case. He further submitted that the petitioner is in judicial custody from 08.10.2025. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is ranked as A3 and that the petitioner has no previous case pending against him and some of the accused are still absconding. Hence, he opposes to grant bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the submissions made by the learned counsel on either side, the fact that the petitioner has no previous case against him and that no one was injured in the incident, and also considering the period of his incarceration, this Court is inclined to grant bail to the petitioner.

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, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruvottiyur, Tiruvallur District, 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 respondent police daily at 10.30 a.m., for a period of three weeks 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 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.