Boopathi & Anr. vs The State Rep By The Inspector Of Police

The petitioners seek bail in S.C. No.185 of 2026 in Crime No.20 of 2023, on the file of the respondent police for the offence under Sections 342 and 395 IPC. The petitioner has been remanded to judicial custody on 31.07.2026 on execution of NBW issued against them on 30.07.2026.

Learned counsel for the petitioners submitted that the petitioners are accused facing trial in S.C. No.185 of 2026. He further submitted that since the petitioners were unable to appear before the trial Court, due to unavoidable circumstances, he was issued with the non-bailable warrant on 30.07.2026, and pursuant to the same, they were arrested on 31.07.2026. He also submitted that the petitioners would undertake that hereafter they would regularly appear before the trial court on all hearing dates and also stated that they are prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners, who are arrayed as A3 & A6, is facing trial in S.C. No.185 of 2026. Since the petitioners failed to appear before the trial Court, a NBW was issued against them on 30.07.2026, pursuant to which he was arrested and remanded to judicial custody on 31.07.2026. He further submitted that the petitioners have no previous cases pending against him. Hence, he opposed for grant of bail to the petitioner.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

Considering the fact that bail had already been granted to the petitioners and thereafter NBW was issued and immediately, the same has been executed and considering the fact that after completion of investigation, charge sheet has been filed and also considering the undertaking given by the petitioners that they are ready to co-operate for speedy disposal of the trial, this Court is inclined to grant bail to the petitioners with certain conditions:

Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 II Additional District and Session Judge, Erode, and on further conditions that :-

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety lhip [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 petitioners shall report before the Trial Court everyday at 10.30 a.m., until further orders, without fail.

[c] the petitioners shall not abscond either during investigation or trial;

[d] the petitioners 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 petitioners in accordance with law as if the conditions had been imposed and the petitioners 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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.