Bail can be granted based on custody duration and considerations of the case's evidentiary landscape.

JUDGMENT

This Criminal Appeal has filed this Criminal appeal to set aside the order passed by the Learned Court of Sessions Division of Tirupathur District in Crl.MP.No.1035/2025 dated 02.09.2025 and enlarge the appellant on bail in Crime No. 04/2024 on the file of Inspector of Police, All Women police Station, Tirupathur, Tirupathur District, pending investigation.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 and perused the materials placed before this Court.

3.The appellants is arrayed as first accused in Crime No.22 of 2024 on the file of the second respondent registered for the offences punishable under Sections 296(b), 85, 351(2) of BNS and 3(1) (r) of SC/ST Act, alleging that the first accused had love affair with the defacto complainant and married her. Thereafter, the petitioner deserted the defacto complainant by saying that his family members will not accept that defacto complainant due to her community. Hence, the complaint.

4. After registration of FIR as against the appellant, the appellant was arrested and remanded to judicial custody on 23.08.2025. Thereafter, A1 filed a bail application before the learned Sessions Division of Tirupathur District, in Crl.M.P.No.1035 of 2025, and the same was dismissed. Hence, the appellant filed the present appeal seeking bail.

5. Considering the above facts and circumstances and also the period of incarceration undergone by the appellant from the date of his arrest i.e., 23.08.2025, this Court is inclined to grant bail to the appellant. Accordingly, the order made in Crl.M.P.No.1035 of 2025 dated 02.09.2025 on the file of the Sessions Division of Tirupathur District, is hereby set aside. This Criminal Appeal stands allowed.

6. The appellant is ordered to be released on bail on his execution of a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Principal Sessions Judge, Tirupathur, Tirupathur 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 appellant shall report before the respondent police on every Saturday at 10.30 a.m., for the period of four months.

[c] the appellant shall not abscond either during investigation or trial.

[d] the appellant 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 appellant in accordance with law as if the conditions have been imposed and the appellant 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 abscond, a fresh FIR can be registered under Section 229A IPC.