Sethuraman @ Dollu vs State

K. Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 03.01.2026 for the alleged offences punishable under Section 126(1), 296(b), 132, 351(3) of BNS r/w 7(1)(a) of CLA Act and Section 25(1A) of Arms Act, in Crime No.2 of 2026, registered on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he was found in possession of knife and also threatened the general public with dire consequences, and on patrol duty, the police saw him and arrested the petitioner and he has been in judicial custody since 03.01.2026.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated for the statistical purpose and that he is ready to co-operate with the investigation. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner is having one previous case against him. Hence, he opposed to grant bail to the petitioner.

Heard both sides and perused the materials available on record.

Considering the submissions made by the learned counsel on either side, the nature of the allegations, the period of incarceration and the fact that the petitioner has one previous case, 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.15,000/- (Rupees Fifteen Thousand only) with two sureties each, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Uthukkottai, 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 Magistrate 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.