Vinayagam vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 05.02.2026, for the alleged offence punishable under Section 191(2), 191(3), 126(2), 296(b), 115(2), 118(1), 309(4), 311, 351(3) of BNS Act in Crime No.53 of 2026, on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he, along with other accused, was involved in the robbery of a sum of Rs.750/- from the defacto complainant at knife point. It is further alleged that the petitioner attacked the de facto complainant and threatened him with dire consequences. Hence, the present case has been registered.

The learned counsel appearing for the petitioner submitted that the case has been registered only for statistical purposes and that, since the petitioner has some previous cases, he has been falsely implicated in the present case. He further submitted that the petitioner is ready to cooperate with the investigation. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and submitted that it is a case of robbery and that the petitioner is having 13 previous cases of similar nature. Hence, he opposed to grant bail to the petitioner.

This Court has perused the FIR and the other connected materials available on record. Though it is stated that the petitioner has some previous cases, considering the period of incarceration, the manner in which the FIR came to be registered, and the other circumstances, 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, 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 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.