Maha vs State Of Tamil Nadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 28.11.2025 for the offences punishable under Section 303(2) of BNS, 2023 in Crime No.195 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that when the defacto complainant was travelling in the bus, the accused persons have stolen a sum of Rs.7,500/- and gold stud weighing 1 gram. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that he has been arrested and remanded to judicial custody on 28.11.2025. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that the property was recovered and the petitioner has six previous cases. He would further submit that the investigation is completed and final report is filed and the same was taken on file in C.C.No.61 of 2026 by the Judicial Magistrate Court No.IV, Tirunelveli. Hence, he strongly opposed to grant bail to the petitioner.

This Court heard both sides and perused the materials available on record.

Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that the property was recovered and though the petitioner has six previous cases, in all cases the petitioner was granted bail and considering the fact that the investigation is completed and final report is filed and the same was taken on file in C.C.No.61 of 2026 by the Judicial Magistrate Court No.IV, Tirunelveli and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 No.4, Tirunelveli, Tirunelveli District, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate,Nanguneri, on all working days at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 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].

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