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Judgment
14 paragraphs · 536 wordsK. Rajasekar, J
The petitioner, who was arrested and remanded to judicial custody on 09.01.2026 for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(2) of BNS Act r/w Section 3 of TNPPDL Act, in Crime No.17 of 2026, registered on the file of the respondent police, seeks bail.
The allegation against the petitioner is that, due to a wordy quarrel, the petitioner assaulted the defacto complainant with a wooden log, causing injuries to him, and also damaged a table and chair, causing damage to the tune of Rs.2,000/-. Hence, a case has been registered and the petitioner was arrested.
The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody since 09.01.2025 and that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.
The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner is having one previous case pending against him and that the injured was discharged from the hospital. Hence, he opposed 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 motive behind the occurrence, the fact that the injured was discharged from the hospital, that the case involves damage to property to the tune of Rs.2,000/-, and also considering the period of his incarceration, this Court is inclined to grant bail with certain conditions.
Accordingly, the petitioner is directed to deposit a sum of Rs.2,000/-(Rupees Two Thousand only), to the credit of Crime Number 17 of 2026 and on such deposit and on receipt of proof of payment, 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 No.I, Tiruvallur, 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.
