Kevingandhi vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 19.03.2026 for the alleged offences under Section 317(2) of BNS Act, 2023 (corresponding Section 411 IPC) in Crime No.146 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he committed theft of two two-wheelers. Hence, the complaint.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the co-accused has already been released on bail in Crl.M.P.No.889 of 2026, dated 02.04.2026. The petitioner had one previous case under the POCSO Act, which was quashed by this Court in Crl.O.P.No.4254 of 2021, dated 23.06.2023. The petitioner has been in custody since 19.03.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there are totally four accused in this case and the petitioner is arrayed as A1. He further submitted that the stolen two-wheelers have been recovered.

Taking into consideration the totality of the circumstances and the fact that the stolen two-wheelers have been recovered, and that the co- accused has already been released on bail in Crl.M.P.No.889 of 2026, dated 02.04.2026, this Court is of the firm view that, at this length of time, custodial interrogation of the petitioner is not required. Hence, 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 her 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, Virudhachalam, and on further conditions that:

[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 learned XIII Metropolitan Magistrate, Egmore, Chennai, daily at 10.00 a.m. until further orders;

[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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.