Saiprashant vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 13.05.2026 for the alleged offences under Section 309(4) and 311 of Bharatiya Nyaya Sanhita, 2023, in Crime No.0075 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the defacto complainant, who is a practicing Advocate, lodged a complaint stating that on the date of occurrence, at about 10.00 p.m., while he was returning home after closing his office, two unknown persons allegedly attacked him, snatched a 5 sovereign gold chain and fled from the scene. Hence, the case was registered.

The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and has been falsely implicated in the present case. It is further submitted that the petitioner was not present at the place of occurrence and he is ready to cooperate with the investigation. The learned counsel would also submit that the petitioner has been in judicial custody since 13.05.2026. Hence, he prayed for grant of bail to the petitioner.

The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent submitted that the case relates to chain snatching. However, it is fairly submitted that the petitioner has no previous criminal antecedents.

I have given anxious consideration to the submissions made by the learned counsel on either side.

This Court is of the view that the occurrence is said to have taken place on 04.03.2026 and the petitioner has been in judicial custody since 13.05.2026. Taking into consideration the submission of the learned Counsel for Government of Tamil Nadu (Criminal Side) that the petitioner has no previous case and considering the period of incarceration already undergone by the petitioner, 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 his executing a bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate Court, Cheyyar, 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., for a period of 30 days 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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.