Suresh T.S And Others vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 30.09.2025, for the alleged offence punishable under Section 341, 392 @ 341 and 395 of IPC in Crime No.70 of 2024, on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner herein was earlier arrested and released on bail by the Sessions Court in Crl.M.P.No.6060 of 2024 vide order dated 19.10.2024 with condition that the petitioner shall appear before the concerned Magistrate Court. However, the petitioner has not complied the condition and subsequently the bail granted to the petitioner was cancelled vide order dated 14.02.2025 and Non Bailable Warrant was also issued against the petitioner. Based on the Non Bailable Warrant, the petitioner was arrested on 30.09.2025. Now the present bail petition has been filed before this Court.

Learned counsel appearing for the petitioner submitted that the petitioner was earlier arrested and due to ill health, he was not able to comply the conditions imposed by the Sessions Court. Hence, the bail has been cancelled, now the petitioner is in incarceration from 30.09.2025 and is ready to co-operate with the trial process. Hence, he prayed for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is also having 3 previous cases and totally 12 accused in this case and the petitioner is ranked as A7 and all other accused are appearing regularly. Hence, he opposed for grant of bail to the petitioner.

Heard both sides and perused the materials available on record including the First Information Report.

Considering the above facts and circumstances, though it is stated that the petitioner is having 3 previous cases and considering the fact that the petitioner is in incarceration more than 4 months, 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 District Munsif cum Judicial Magistrate, Madukkarai, Coimbatore, 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 trial Court daily at 10.30 a.m., for a period of four weeks .

[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.