R.Karthib vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 25.11.2025 for the offences punishable under Sections 331(4), 305 of BNS, Act in Crime No.331 of 2025, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he is ranked as A6 in this case and that he allegedly joined hands with other accused in committing theft of liquor and cash from a TASMAC wine shop. Hence, a case has been registered and the petitioner was arrested.

The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 25.11.2025. He further submitted that the petitioner has been falsely implicated due to some previous cases pending against him and that no property was recovered from him. Hence, he prays for grant of bail to the petitioner.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that there are eight accused in this case and the petitioner is arrayed as A6. He further submitted that the property involved in this case has been recovered and that the petitioner has two previous cases pending against him. Hence, he opposed to grant bail to the petitioner.

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

Considering the submissions made by the learned counsel on either side, the nature of the allegations, period of his incarceration from 25.11.2025 and the fact that the property has been recovered, though it is stated that the petitioner has two previous cases and that all the cases were registered on the same day, this Court is inclined to grant bail to the petitioner with 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Vellore, 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.