Sanjay Alias Motta Pops And Others vs Inspector Of Police Station

C.Kumarappan, J

The petitioners, who were arrested and remanded to judicial custody on 05.02.2026 for the alleged offences under Sections 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 309(4), 311 and 351(3) of B.N.S. in Crime No.53 of 2026 on the file of the respondent police, seek bail.

The case of the prosecution is that on 05.02.2026 at about 11 a.m. near Vanagaram Metro Station Flyover, the accused waylaid the defecto complainant and demanded money. When the defacto complainant refused to give money, the petitioners assaulted him and robbed Rs.750/- from his pocket at knife point and threatened him with dire consequences. Hence the case.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons, that they have not committed any offence as alleged by the prosecution and that co-accused have already been released on bail vide order of this Court in Crl.O.P. Nos.5051 of 2026 and 4479 of 2026 and hence prays to enlarge the petitioners on bail.

At this juncture, the learned Government Advocate (Criminal side) appearing for the respondent police strongly objected to enlarge the petitioners on bail on the ground that there are five previous cases against each of the petitioners.

While looking at the factual position that the co-accused were granted bail and taking into consideration the period of incarceration of the petitioners from 05.02.2026, this Court is of the view that no more custodial interrogation of the petitioners is required. Hence, this Court is inclined to grant bail to the petitioners, subject to the following stringent conditions:

Accordingly, the petitioners are ordered to be released on bail on each of them executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur 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 petitioners shall report before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of 45 days and thereafter as and when required for interrogation;

[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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned 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)13 SCC 283]:

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