Rajasekaran And Others State

K. Rajasekar, J

The petitioners, who was arrested and remanded to judicial custody on 31.10.2025, for the alleged offence punishable under Sections 397, 345, 451, 34 of IPC, in Crime No.185 of 2017, on the file of the respondent police, seeks bail.

The allegation against these petitioners is that, these petitioners were earlier arrested and released on bail for the offences under Sections 397, 345, 451, 34 of IPC. After filing of final report summons were issued and since the petitioners were not appeared, NBW was issued on 29.10.2025 and arrested on 31.10.2025. Hence this case.

Learned counsel appearing for the petitioners submitted that the petitioners are an innocent person and they have been falsely implicated in this case and no summons was served on them after filing the final report. However, he submitted that he was very much available in the address given in the final report. He would further submit that the petitioners were arrested and they are in judicial custody from 31.10.2025 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioners.

Learned Government Advocate (Crl. Side) appearing on behalf of the respondent police submitted that totally 8 accused in this case, the petitioners are ranked as A5 and A7 and earlier they were arrested and released on bail, NBW was issued and now they had been apprehended. 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.

Considering the submissions of the learned counsel on either side and the period of incarceration from 31.10.2025, I have also gone through the e-courts entry dated 29.10.2025 in connection with this case and it revealed that on that date the police have returned the summons issued to the petitioner under the ground that these petitioners were untraceable to them, hence NBW was issued, I am of the view that the petitioners are entitled for bail, and this Court is inclined to grant bail to the petitioners, subject to certain conditions.

Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Tirupattur, 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 petitioners shall report before the Judicial Magistrate Court, Tirupattur daily at 10.30 a.m., for a period of three weeks;

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.