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Judgment
15 paragraphs · 543 wordsK. Rajasekar, J
The petitioner, who was arrested and remanded to judicial custody on 21.10.2025, for the alleged offence punishable under Sections 126(2), 296(b), 118(1), 125, 311 and 351(3) of BNS, in Crime No.314 of 2025, on the file of the respondent police, seeks bail.
The allegation against the petitioner is that the petitioner was involved in robbery of Rs.4,300/- from the defacto complainant. Hence, the complaint was lodged and the petitioner was arrested.
Learned counsel appearing for the petitioner submitted that the petitioner was brutally attacked by the persons who had lodged the complaint against him. He further submitted that the petitioner also sustained injuries in the said occurrence and was admitted in the hospital. According to him, a false complaint has been lodged against the petitioner, who was subsequently arrested and is in judicial custody from 21.10.2025. Hence, he prayed for grant of bail to the petitioner.
Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that, apart from the present case, the petitioner is involved in 16 previous cases. He further submitted that the investigation is still pending. Hence, he opposed for the grant of bail to the petitioner.
Heard both sides and perused the materials available on record including the First Information Report.
On perusal of the FIR and the connected materials, it is seen that the defacto complainant was allegedly attacked by the petitioner in Crime No.314 of 2025, which was registered on 21.10.2025. It is further seen that on the very same day, the petitioner’s wife also lodged a complaint against the defacto complainant in Crime No.315 of 2025, and that the petitioner had also sustained grievous injuries.
Considering the above facts and circumstances of the case, submissions made by the learned counsel on either side, though it is stated that the petitioner has 16 previous cases, this Court is inclined to grant bail to the petitioner with certain conditions.
Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned XXIII Metropolitan Magistrate Court, Saidapet, and on further conditions that:-
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of three weeks and thereafter 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 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 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 B.N.S.
