Yogesh Kumar vs State

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 05.05.2026 for the alleged offences under Section 303(2) of BNS Act [Corresponding Section 379 of IPC] in Crime No.168 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner had robbed 19 grams of gold necklace, two sets of anklets, a Samsung Tab and other articles belonging to the de facto complainant while travelling in a train. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner has been in custody since 05.05.2026 and is ready to abide by any stringent conditions that may be imposed by this Court. Hence, she prayed to grant bail to the petitioner.

The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the bail application on the ground that the petitioner had stolen the de facto complainant's bag while she was travelling in a train and thereby committed theft of 19 grams of gold necklace, two set of anklets, a Samsung Tab and other articles. He would submit that the petitioner was secured based upon CCTV footage and that the stolen properties have been recovered. He would further contend that the petitioner has one previous case. However, the learned counsel for the petitioner would submit that both the cases were registered on the same day.

Taking into consideration of the totality of the circumstances and the fact that the stolen properties have been recovered and that the petitioner has been in incarceration since 05.05.2026, this Court is of the firm view that further incarceration of the petitioner is not required for the purpose of investigation. Hence, this Court is inclined to enlarge the petitioner on bail, 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 XVI Metropolitan Magistrate Court, George Town, Chennai, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [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 respondent police twice a day at 10.30 a.m. and 05.30 p.m. for a period of 30 days, 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 aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.