Pradeep Kumarn vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 22.12.2025 for the alleged offences punishable under Sections 296(b), 126(2), 311, 310(2) of BNS, in Crime No.726 of 2025, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner joined hands with other accused involved in snatching mobile phone of the de-facto complainant. Hence, the case has been registered and the petitioner has been arrested on 22.12.2025.

The learned counsel for the petitioner submitted that the petitioner has been arrayed as an accused in this case for statistical purpose and he has not involved in this case and he was arrested and remanded to judicial custody from 22.12.2025 and now, he is ready to abide by any condition imposed by this Court. He further submitted that the co-accused was released on bail by this Court in Crl.OP.No.4034 of 2026 dated 18.02.2026. Hence, he prayed for grant of bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and submitted that there are totally five accused in this case and the petitioner is ranked as A5. He further submitted that the petitioner has 6 previous cases, one under Section 302 IPC and other cases relating to robbery. Hence, he opposed for grant of bail to the petitioner.

I have gone through the records and other connected materials, which revealed that it is a case of theft of mobile phone and the mobile phones were recovered.

Considering the nature of allegations, the period of incarceration undergone by the petitioner, the fact that the similarly place co-accused was released on bail by this Court in Crl.OP.No.4034 of 2026 dated 18.02.2026, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the District Munsif- Judicial Magistrate, Sholinganallur 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 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.