Dinesh, S/O.Kamaraj vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 29.01.2026 for the alleged offence under Sections 126(2), 296(b), 132, 351(3) of BNS, read with Section 79(1)(a) of CLA Act and Section 25(1-A) in Arms Act, in Crime No.37 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner was found in possession of knife and was threatening and abusing the public in a filthy language and also threatened the police. Hence, the present case.

The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He would further submit that due to wordy quarrel between the petitioner and the police, this false case has been foisted against the petitioner, nobody was injured and the petitioner is ready and willing to abide by any condition that may be imposed by this Court and hence, prayed to grant bail to the petitioner.

I have given my 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) strongly objected to enlarge the petitioner on bail on the ground that there are three previous cases pending against the petitioner, among which, two cases have been registered under NDPS Act. Hence, he opposed to grant bail to the petitioner.

Taking into consideration the long incarceration of the petitioner from 29.01.2026 and there is no injury to anyone and also taking note of the fact that the previous case pending against the petitioner is of the year 2013, this Court is inclined to enlarge the petitioner on bail, subject to certain stringent conditions.

Accordingly, the petitioner is ordered to be released on bail on he 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 District Munsif cum Judicial Magistrate Court, Uthukkottai 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 daily twice at 10.30 a.m. and 5.30 p.m. for a period of 60 days.

[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 petitioner thereafter absconds, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.