Anbarasu vs State Represented By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 21.09.2026 for the alleged offence under Section 303(2) @ 303(2), 317(2) of BNS Act, 2023, in Crime No.345 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the accused No.1 and 2 have stolen the TVS XL 100 vehicle bearing Registration No.TN 34 AY 2670 which belongs to the de-facto complainant which was parked in front of the meat shop of the de-facto complainant and they inturn sold the said vehicle to petitioners/accused No.4 and 5 without RC of the vehicle. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner was arrested and remanded in judicial custody since 21.09.2026. He further submitted that the petitioner is innocent and that he has been falsely implicated in this case. He further submitted that he is ready to abide by any stringent condition that may be imposed by this Court and he is ready to co-operate for investigation.

Per contra, the learned Government Advocate (Criminal Side) submitted that the investigation is still pending. Hence, he strongly opposed the grant of bail to the petitioner.

The specific allegation against A1 and A2 is that they had stolen around 23 two-wheelers and sold them to various persons. A3 to A5 allegedly received the stolen property. The petitioners/A3 and A4 are scrap dealers who allegedly purchased the stolen two-wheelers at cheap rates without registration certificates, knowing fully well that they were stolen properties, and dismantled and sold them.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

Considering the facts and circumstances of the case, the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following 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, for a like sum to the satisfaction of the learned Judicial Magistrate Court, Kumarapalayam 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 daily at 10.30 a.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 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.