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Judgment
11 paragraphs · 441 wordsK. Rajasekar, J
The petitioner, who was arrested and remanded to judicial custody on 14.12.2025 for the offence under Sections 331(4) and 305(a) of BNS in Crime No.352 of 2025 registered on the file of the respondent, seeks bail.
The case of the prosecution is that the petitioner joined hands with other accused and trespassed into the house of the defacto complainant and broke open the door and robbed 7.5 grams of golden jewels and cash. Hence this petition.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.
4.The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner major part of the investigation is completed and stolen property is also recovered and there is one previous case pending against the petitioner and . Hence, he opposed to grant bail to the petitioner.
5.Considering the facts and circumstances of the case, the period of incarceration undergone by the Petitioner and the properties was recovered and the petitioner is being a lady, this Court is inclined to grant bail to the petitioner herein with certain conditions.
6.Accordingly, the petitioner is 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 No.1, Vellore 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 respondent police daily at 10.30 a.m., for a period of four weeks and thereafter, as and when required for interrogation.
[c] 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];
[d] If the accused thereafter abscond, a fresh FIR can be registered under Section 269 of B.N.S.
