Rohan @ Justin S/O. Rajinikanth vs Inspector Of Police

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 05.11.2025 for the alleged offence under Sections 379 and 34 of IPC in Crime No.377 of 2022 on the file of the respondent police, seeks bail.

From the submissions made by the learned counsel appearing for the petitioner, it appears that the petitioner has been remanded to judicial custody on account of his absence before the criminal Court on 05.11.2025. However, it is the submission of the learned counsel for the petitioner that on the date of his absence before the trial Court, he was already been remanded to judicial custody in connection with an offence under NDPS Act in Cr. No.981 of 2025 and in support of his contention, he has also submitted a copy of the order passed in C.M.P. No.808 of 2025 dated 29.12.2025 passed by the Judicial Magistrate, Sulur.

The said contention of the learned counsel appearing for the petitioner is not disputed by the learned Government Advocate (Criminal side) appearing for the respondent police.

Therefore, as rightly contended by the learned counsel appearing for the petitioner that the absence of the petitioner on 23.06.2025 is only on account of his remand in yet another case. In such view of position and taking into consideration the long incarceration of the petitioner since 05.11.2025, 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Coimbatore and on further conditions that:

[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 trial Court i.e., Judicial Magistrate No.III, Coimbatore daily twice at 10.30 a.m. and 5.30 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 pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]:

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.