“Though there were some words said by Mithun, the other petitioner also accompanied as a co-actor. Anyhow, they were in custody for nearly five weeks. Penal provisions cannot be invoked at the time of bail. It can be proved by the prosecution during the trial. Since they are in custody for five weeks and the fact that to err is human nature, this court is inclined to grant bail,” Principal Sessions Judge R Selvakumar said.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for Rs 10,000 each with two sureties each for a like sum to the satisfaction of the court. They should appear before the police daily at 10.30 am until further orders and not tamper with the evidence or witness either during investigation or trial, the court ruled. They should not abscond either during investigation or trial. On breach of any of these conditions, the trial court is entitled to take appropriate action against them in accordance with the law, the PSJ added.

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