Manimala And Others vs State Of Tamil Nadu

P. Dhanabal, J

The petitioners / Accused, who were arrested and remanded to judicial custody on 25.02.2026 for the offences punishable under Sections 305 of BNS, 2023 in Crime No. 354 of 2025 on the file of the respondent police, seek bail.

The case of the prosecution is that the defacto complainant owns a jewellery shop and on 06.09.2025 at about 1.00 p.m., the petitioners came to his shop and after sometimes, left from the shop without purchasing anything and at about 4.00 p.m., the defacto complainant found that 250 grams silver bar is missing and on verifying the CCTV footage, he found that the petitioners committed theft from the shop. Hence the case.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that they have been arrested and remanded to judicial custody on 25.03.2026. Therefore, prayed to grant bail for the petitioners.

The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered under Section 305 of BNS, 2023. He would further submit that the first petitioner has eight previous cases and the second petitioner has seven previous cases, which are similar in nature and the property was not recovered. He would further submit that the investigation is pending and the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioners.

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 facts that the occurrence took place on 06.09.2025 and the FIR was registered on 08.09.2025 and the petitioners are unnamed accused and though the petitioners have some previous cases, in all cases bail was granted to them and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Madurai, and on further conditions that:

[b] the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.