Prakash @ Manda Prakash vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 08.04.2026 for the alleged offences under Sections 126(2), 296(b), 115(2), 125, 324(4), 311 and 351(3) of BNS 2023 in Crime No.157 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner waylaid the defacto complainant, an auto driver and robbed a sum of Rs.2,500/- at knife point, and also threatened him with dire consequences. Hence, the case.

The learned counsel for the petitioner would submit that the petitioner is innocent and that the present case has been foisted against the petitioner in order to maintain law and order during the election. He would further submit that the petitioner has been in judicial custody since 08.04.2026 and is ready to abide by any conditions 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, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that there are 8 previous cases against the petitioner and that the petitioner has been granted bail in all those cases.

Considering the above facts and circumstances, the period of incarceration undergone by the petitioner, and the fact that the petitioner has already been granted bail in the previous cases, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on 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 XV Metropolitan Magistrate, George Town, Chennai, 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 report before the respondent police twice a day at 10.30 a.m. and 05.30 p.m. until further orders;

[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.