Sanjay vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 27.06.2025 for the alleged offence under Sections 331(4) and 305(a) of BNS, in C.R.No.193 of 2025 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other , committed theft from the defacto complainant’s house and stolen one Laptop, one iron box and two brrass candlesticks. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case and he is in judicial custody since 27.06.2025. He further submitted and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and submitted this is the third bail application and this Court has earlier dismissed the bail application of the petitioner on the ground that there are two previous cases pending against the petitioner. He further submitted that the case is pending before the Judicial Magistrate No.II, Nagapattinam in C.C.No.565 of 2025. However, he opposed to grant bail to the petitioner.

Though it is stated that this Court has twice dismissed the bail petition of the petitioner on the ground that there are two previous cases pending against the petitioner, Considering the period of incarceration undergone by the petitioner for more than 8 months and the petitioner is ready to co-operate with the investigation, 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.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Learned Judicial Magistrate Court No-II, Nagapattinam 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 concerned Trial Court concerned daily at 10:30 a.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 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.