M.Subash Chandra Bose vs State Of Tamil Nadu

P. Dhanabal, J

The petitioner / Accused, who was arrested and remanded to judicial custody on 12.08.2025 for the offences punishable under Sections 310(2), 333, 127(7), 311, 351(3), 332(b) of BNS, 2023 in Crime No. 244 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that when the defacto complainant and her family members were sleeping in her house, five unknown persons trespassed into the house and attacked the defacto complainant, her husband and children and threatened them with weapons and robbed their earings and other gold jewels, totally 9½sovereigns as well as a sum of Rs.1,00,000/- and gave life threats. Hence the case.

The learned counsel appearing for the petitioner would submit that the petitioner is 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 co-accused was granted bail by this Court in Crl.O.P.(MD) No.5727 of 2026 on 23.03.2026. He would further submit that he has been arrested and remanded to judicial custody on 12.08.2025. Therefore, prayed to grant bail for the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that totally nine accused in this case and the petitioner has been arrayed as A6 and some of the jewels were recovered from the petitioner and a sum of Rs.1,00,000/- was recovered from other accused. He would further submit that the investigation was completed and the charge sheet was filed and the same is taken on file in S.C.No. 518 of 2025 on the file of the Additional District Court-II, Trichy. He would further submit that the offences are grave in nature and 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 facts that already the investigation was completed and the charge sheet was filed and the same is taken on file in S.C.No.518 of 2025 on the file of the Additional District Court-II, Trichy and some jewels and a sum of Rs.1,00,000/- were recovered and one of the co-accused was released on bail by this Court 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 learned Judicial Magistrate, Manapparai, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate, Manapparai, 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 he/she is accused, or suspected, or of the commission of which he/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.