B.Ajaykumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 11.03.2026 for the alleged offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 379 IPC) in Crime No.32 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with the other accused, attempted to commit theft by stealing copper wire from the premises of the defacto complainant.

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 has been in judicial custody since 11.03.2026 and is ready to abide by any conditions 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, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the petitioner has no bad antecedents and that the stolen property has been recovered. He further submitted that the co-accused was already enlarged on bail vide order dated 08.04.2026 passed by this Court in Crl.O.P.No.8780 of 2026.

Considering the above facts and circumstances, the period of incarceration undergone by the petitioner, that the stolen property has been recovered, the fact that the petitioner has no bad antecedents, and also the fact that the co-accused was already enlarged on bail, 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-I, Vellore, 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. for a period of 15 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 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.