Nagarajan vs The State Represented By The Sub-Inspector Of Police

The petitioner, who surrendered voluntarily before the learned Judicial Magistrate Court, Tiruttani, and was remanded to judicial custody on 24.08.2026 for the alleged offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, in Crime No. 364 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner, along with other accused, had committed theft of a motorcycle. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the stolen vehicle has already been recovered by the respondent police. He also drew the attention of this Court to the fact that the co-accused has already been granted bail by this Court in Crl.O.P.No.24799 of 2026 dated 02.09.2026. Therefore, on the ground of parity and considering the period of custody, he prayed for the grant of bail.

The learned Government Advocate (Criminal Side) vehemently opposed the grant of bail to the petitioner, submitting that the investigation is still pending. However, he conceded the fact that the stolen vehicle has been recovered and that the co-accused has already been enlarged on bail by this Court.

Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent police, and perused the materials available on record.

Considering the facts and circumstances of the case, and taking note of the fact that the stolen vehicle has already been recovered, the co-accused has been granted bail, and the petitioner has been in custody since 24.08.2026, 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, for a like sum to the satisfaction of the Judicial Magistrate, Tiruttani, and on further conditions that:

[a] the sureties shall affix his 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 his identity;

[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.