Mohanraj @ Pal Mohan vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 07.11.2025, for the alleged offence punishable under Sections 126(2), 296(b), 311 and 351(3) of BNS, in Crime No.996 of 2025, on the file of the respondent police, seeks bail.

The allegation against the petitioner is that this petitioner is alleged to have been involved in the robbery of Rs. 550 by using knife. Hence, a complaint was lodged and immediately he was arrested.

Learned counsel appearing for the petitioner submitted that since the petitioner has some previous cases, he has been falsely implicated in this case, and no one was injured in this case. He would further submit that the petitioner was arrested and he is in judicial custody from 07.11.2025 and ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner was arrested and the investigation is pending and apart from this case, the petitioner is also involved in eight previous cases, including one murder case and other robbery cases. Hence, he opposed for grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

I have gone through the FIR and it revealed that no one was injured and it is also stated that the petitioner robbed Rs. 550 and he is in custody. Though it is reported that the petitioner has previous cases, this Court is inclined to grant bail to the petitioner, subject to 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, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Madhavaram, 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 respondent police daily at 10.30 a.m., for a period of four weeks;

[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.