K.Bakaya Raj @ Backiyaraj v. The State Rep by Station House Officer

ORDER The petitioner, who was arrested and remanded to judicial custody on

27.06.2026 for the alleged offences under Sections 191(2), 191(3), 296(b), 115(2), 118(1), 303(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, read with Section 3 of TNPPDL Act in Crime No.320 of 2026 equivalent to IPC Sections 147, 148, 294(b), 324, 381 and 506 II on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner/accused, along with the co-accused, formed an unlawful assembly, with deadly weapons, abused the defacto complainant in filthy language and assaulted him and his family members. They also caused damage to the lights and other articles on the premises. Furthermore, the petitioner forcefully took the complainant's three Sovereign gold chain, a cash amount of Rs.21,000/-, and two Vivo mobile phones. Hence the case.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner has been in judicial custody since 27.06.2026 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for the grant of bail.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent, while opposing the grant of bail to the petitioner, reiterated the prosecution case and, on instructions, submitted that the petitioner has no bad antecedents and that the injured has been discharged from the hospital.

¶5I have given anxious consideration to the submissions made by the learned counsel on either side. Page3 of 5

¶6Though this is a serious offense, the learned Government Advocate (Criminal Side) fairly submits that the petitioner has no criminal antecedents. In view of these circumstances and considering the petitioner's long incarceration since 27.06.2026 and the fact that the injured has already been discharged from the hospital, this Court is of the view that the petitioner's further custody for the purpose of investigation is not required as by this time a major portion of the investigation might have been completed. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain condition.

¶7Accordingly, 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 for a like sum each to the satisfaction of the learned Judicial Magistrate, Thirukovilur and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation; [c] the petitioner shall not abscond either during investigation or trial; Page4 of 5 [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 22-07-2026 NSL Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code. To

¶1The learned Judicial Magistrate, Thirukovilur.

¶2The Sub Jail, Thirukovilur.

¶3The Station House Officer, Thirukoilur Police Station, Thirukoilur, Kallakurichi District.

¶4The Public Prosecutor, High Court of Madras. CRLoOPoNo.o19481oofo2026 C.KUMARAPPAN,oJ. NSL CRLoOPoNo.o19481oofo2026 22-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN K.Bakaya Raj @ Backiyaraj ..Petitioner Vs State rep. by Station House Officer, Thirukoilur Police Station, Thirukoilur, Kallakurichi District. Crime No.320 of 2026. ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.320 of 2026 pending investigation on the file of the respondent police. For Petitioner: Mr.K.Vasanthanayagan For Respondent: Mr.S.Yogaraja Sekar Counsel for Government of Tamilnadu (Criminal Side)