Boopalan, S/O.Ganesan And Others vs State

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 10.02.2026 for the alleged offence under Sections 304(2) of BNS @ Section 310(2) read with 311 of BNS in Crime No.52 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that the petitioners at knife point snatched a sum of Rs.11,000/- from the de-facto complainant and VIVO Cell phone worth about Rs.6,000/- from the de-facto complainant’s friend. Hence, the present case.

The learned counsel for the petitioner submitted that the petitioners have been falsely implicated in this case and that they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners have been in incarceration since 10.02.2026 and they are ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioners.

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

The learned Government Advocate (Crl.Side) appearing for the respondent police would strongly opposed the bail application on the ground that these petitioners committed robbery against North Indian persons. Hence, he opposed to grant bail to the petitioners.

Considering the long incarceration of the petitioners from 10.02.2026, and taking into consideration the fact that, by this time, the investigation might have been completed, this Court is inclined to enlarge the petitioners on bail, subject to certain stringent conditions.

Accordingly, the petitioners are 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 -IV, Salem 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 petitioners shall stay at Virudhunagar and report before the Inspector of Police, Virudhunagar West Police Station, Railway Feeder Road, Sivagami Puram, Virudhunagar daily at 10.30 a.m., and 5.30 p.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.