Esakimuthu vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 18.08.2026 for the alleged offences under Sections 309, 311 of BNS in Crime No.437 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that, due to previous enmity, the petitioner along with the other accused took away the motorcycle key of the de facto complainant and snatched his cell phone. It is further alleged that they assaulted him with an iron rod and a helmet, and robbed him of Rs.800/- at knife-point. Hence, the present case was registered.

The learned counsel for the petitioner submitted that the petitoner has been in judicial custody since 18.08.2026. He further submitted that the petitioner is innocent and has been falsely implicated in this case. He further submitted that the co-accused was released on bail before the Trial Court and 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 three previous cases are pending against the petitioner, out of which, one case is under Section 302 IPC. 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 facts and circumstances of the case; taking note of the submission made by the learned Government Advocate (Crl.Side), considering the period of incarceration of the petitioner since 18.08.2026 and upon the fact that though the petitioner has three previous cases pending against him and are not similar in nature and the co-accused has already been released on bail, this Court is of the firm view that for the purpose of investigation, further interrogation of the petitioner is not required. Hence, this Court is inclined to grant bail to the petitioner, 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 Judicial Magistrate, Alandur, 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.

22-09-2026 DRL Note: