Ayyanar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 14.10.2025 for the alleged offences under Sections 132 and 351(3) of Bharatiya Nyaya Sanhita, 2023-Section ( 353, 506 of IPC, in Crime No.572 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant is a police officer and while he was discharging his duties, petitioner threatened him by showing his knife. Hence, the case.

I have given anxious consideration to the submissions made by the learned counsel appearing on either side and also perused the materials available on record.

The learned counsel for the petitioner would submit that the petitioner is an innocent person and since he was waiting in front of the jail, he has been falsely implicated in this case. He further submitted that he has been in incarceration from 14.10.2025. Hence, he prayed for grant of bail to the petitioner.

At this juncture, the learned Government Advocate (Criminal Side) appearing for the respondent would submit that the petitioner has intimidated the jail authority, however there are no injuries to any one and even according to the factual position, petitioner has got one previous case.

In such view of the submissions and taking into consideration the long incarceration of the petitioner since 14.10.2025 and at this point of time, investigation might have completed and hence further custody of the petitioner is no way required. Accordingly considering the totality of the circumstances, this Court is inclined to enlarge the petitioner on bail, subject to the following conditions:-

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.3, Coimbatore, 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 twice daily at 10.30.a.m and 05.03.p.m., for a period of 30 days 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 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.