M.Harikrishnan vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 23.01.2026 for the alleged offences under Sections 115(2), 140(2), 127(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, in Crime No.57 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with the other accused, waylaid the defacto complainant and robbed a sum of Rs.20,000/- and a one sovereign gold chain from him. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and has been falsely implicated in this case. He would further submit that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that the stolen property has been recovered from the petitioner.

I have given anxious consideration to the submissions made by the learned counsel on either side.

Considering the above facts and taking into account the period of incarceration undergone by the petitioner since 23.01.2026, as well as the submissions made by the learned counsel on both sides, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioners are 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.VII, Coimbatore, and subject to the following conditions:

[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 stay at Nagercoil and report before the Inspector of Police, Mela Theru Karai, Nagercoil, Tamil Nadu – 629 001, everyday at 10.30 a.m. until further orders and no relaxation petition shall be entertained for a period of 60 days;

[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 take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.