Gobalakrishnan vs State

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 31.03.2026 for the offences punishable under Sections 331(3), 331(4), 305(a) of BNS, in connection with the case in Crime No.187 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused have trespassed into the house of the defacto complainant and broken the door and committed robbery of 37 sovereigns of gold ornaments. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 31.03.2026. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that out of 37 sovereigns, they have recovered 4 ½ sovereigns. Apart from this case, the petitioner is having two previous cases of similar in nature. Therefore, he opposed the grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial magistrate Court, Manamadurai, Sivagangai District and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b] the petitioner shall report before the respondent police daily twice, at 10.30 a.m and 05.00 p.m, until further orders;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

It is made clear that relaxation petition not be considered for the next two months.