Dominic Peter Raja vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 06.02.2026 for the alleged offences under Sections 303(2) and 317(2) of B.N.S (Sections 379 and 411 of I.P.C), in Crime No.42 of 2026 on the file of the respondent police, seek bail.

The allegation against the petitioner is that he is A3, and there are five accused involved in this case. According to the prosecution, the petitioner and other accused committed theft of batteries from buses kept in the yard by the de-facto complainant. The value of one battery is Rs.4,000/-, and the total value of the stolen batteries is approximately Rs.2,96,000/-. Based on the complaint, the FIR has been registered against the petitioner.

The learned counsel for the petitioner submitted that a specific overt act has been attributed to the petitioner and that he has been in custody for more than 20 days since 06.02.2026. Hence, he submitted that this is a fit case in which the petitioner may be enlarged on bail.

The learned Government Advocate (Crl.Side) did not seriously dispute the fact that there is no previous case against the petitioner and that the petitioner has been behind the bars since 06.02.2026. However it was contended that the investigation is still pending and opposed the grant of bail to the petitioners.

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

Considering the factual position that the petitioner is engaged in scrap business, and also considering the fact that the petitioner has been behind the bar since 06.02.2026, 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 his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruvennainallur, 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 a day at 10.30 a.m. and 05.30 p.m. for a period one month and thereafter appear before the respondent police at 10.30 a.m. for a further period of two weeks and 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.