Arun @ Kattan Arun vs The State Rep by The Inspector of Police

The Petitioner, who was arrested and remanded to judicial custody on 14.04.2025 for the alleged offence under Section 305(a), 331(4) of BNS Act, in Crime No.224 of 2025 on the file of the respondent police, seeks bail.

The case of the proseuction is that the petitioner, along with the other accused, allegedly broke open the lock of Chengai Kalanjiyam Textile Shop, situated at Periya Chetty Street, within the limits of Chengalpattu Town, during the night of 06.04.2025 and committed theft of Rs.3,000/- from the said shop. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is an innocent and has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody since 14.04.2025. He also further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the Petitioner.

Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that 8 previous cases are pending against the petitioner. He further submitted that the charge sheet is filed and the investigation has been completed. Hence, he opposed the grant of bail to the petitioner.

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

Considering the long period of custody and the investigaiton has been completed, 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 Additional District Sessions Judge, at Chengalpattu, 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 Trial Court 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 acc 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.