S.Srimathy, J
1. The petitioners, who were arrested and remanded to judicial custody on 20.10.2025 for the offences punishable under Sections 296(b), 308(5), 351(3) of BNS r/w 25(1B)(b) of Arms Act, 1959, in Crime No.480 of 2025 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners threatened the defacto complainant using Aruval and demanded money and also stolen Rs.500/-from the defacto complainant's shirt pocket. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution. He further submitted that the petitioners are ready and willing to abide by any conditions which may be imposed by this Court and they are in judicial custody from 20.10.2025. Hence, he seeks bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that there are ten previous case pending as against the first petitioner/A1 and no previous case is pending as against the second petitioner/A2 and the investigation has been completed. However, he opposed for grant of bail to the petitioners.
5. Taking into consideration of the facts and circumstances of the case and since there is no previous case pending against the 2nd petitioner and also considering the period of incarceration suffered by the 2nd petitioner, this Court is inclined to grant bail to the 2nd petitioner/A2 alone, subject to the following conditions:
6. Accordingly, the 2nd petitioner is ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Thanjavur, 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 2nd petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders;
[c] the 2nd petitioner shall not abscond either during investigation or trial;
[d] the 2nd 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 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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 BNS.
7. As far as the first petitioner/A1 is concerned, the case is adjourned to 28.11.2025.
Post on 28.11.2025.
