Suresh vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 10.04.2026 for the alleged offence punishable under Sections 126(2), 296(b), 115(2), 125, 324(4), 309(4), 311, 351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No.206 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, armed with a knife, was involved in an alleged offence of waylaying and robbing a sum of Rs.25,000/- from the defacto complainant, pursuant to which he was arrested and remanded to judicial custody. Hence, the case.

The learned counsel for the petitioner submits that the petitioner is innocent. He further submits that out of the 10 previous cases cited against the petitioner, one case under Section 307 has already ended in an acquittal on 22.03.2021, and the vast majority of the remaining cases arise out of the Lotteries Act. The learned counsel pointed out the petitioner's long incarceration since his remand, and he prays for the grant of bail.

The learned Government Counsel (Criminal Side) appearing for the respondent police strongly opposes the grant of bail to the petitioner on the ground of his past conduct, highlighting that the petitioner has 10 previous cases registered against him, including one under Section 307.

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

Considering the facts and circumstances of the case, and taking note of the submissions made by the learned Government Counsel that no one sustained injuries in the current occurrence, alongside the long period of incarceration undergone by the petitioner, this Court is inclined to enlarge the petitioner on bail, but with certain stringent conditions to address the concerns raised regarding his past conduct.

Accordingly, the petitioner is ordered to be released on bail on their 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 Judicial Magistrate, Ambathur and subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Suretyship [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 Inspector of Police, Nesamony Nagar Police Station, Thollavailai -Vattakarai Road, Vattakarai, Vettumimadam, Nagercoil twice a day at 10.30 a.m. and 05.30 p.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 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.