Venkatesh vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 25.01.2026 for the alleged offences punishable under Sections 126(2), 296(b), 109(1), 3(5) of BNS, Act in Crime No.24 of 2026, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, he joined hands with other accused involved in attacking the defacto complainant with knife and caused severe injuries. Thereafter, the victim was admitted to the hospital and, from the hospital, the complaint was lodged. Hence, a case has been registered and the petitioner was arrested.

The learned counsel appearing for the petitioner submitted that the petitioner is a student, aged 18 years, and that he has been falsely implicated in this case for statistical purpose. He further submitted that the petitioner has no previous case except this case and another case in which he was shown as arrested on the same day. He further submitted that he is ready to co-operate with the investigation. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally four accused in this case and the petitioner is ranked as A3. He further submitted that the injured was discharged from the hospital on 31.01.2026 and that the petitioner has two previous cases one relating to attacking the defacto complainant with knife and the other one relating to committing robbery at knife point for a sum of Rs.940/-. He further submitted that the investigation is still pending. Hence, he opposed to grant bail to the petitioner.

This Court, on perusal of the FIR and other connected materials, finds that the majority of the allegations are against the two other accused, and that the petitioner has no previous case apart from the above two cases in which he was remanded on the same day.

Considering the above facts and circumstances of the case, the nature of the allegations, the period of incarceration of the petitioner from 25.01.2026, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate Court, Ambattur, 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 6.30 p.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.