Anbarasan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 17.02.2026 for the alleged offences under Sections 305 and 332(c) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.7 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner robbed 2 sovereigns of gold chain and 270 grams of silver from the locked house of the defacto complainant. Hence, the case.

The 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 is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent fairly submitted that there are no bad antecedents against the petitioner, that he has been in custody since 17.02.2026, and that the stolen property has been recovered from the petitioner.

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

Considering the above facts and circumstances, the period of incarceration undergone by the petitioner, and the fact that the stolen property has been recovered from the petitioner, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on their 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.V, Vellore District, 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 everyday at 10.30 a.m. and 05.30 p.m. for a period of one month 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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.