Poovarasan vs The State Rep. By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 30.07.2026 for the alleged offence under Section 305 (e) of the Bharatiya Nyaya Sanhita, 2023 (BNS), in Crime No.196 of 2026 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that the petitioner has committed theft involving rosewood logs worth about Rs.50 lakhs. Hence, the case.

The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in the present case and that he has not committed any offence as alleged by the prosecution. He further submitted that the entire stolen property has been recovered and that he 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 the petitioner has been incarcerated since 30.07.2026. He further submitted that the petitioner has no previous cases, pending against him. He further submitted that the petitioner has involved in rosewood logs of Rs.50 lakhs and that A1 was arrested and A3 and A8 are still absconding and that 29 rosewood are yet to be recovered. However, 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 period of incarceration since 30.07.2026, the fact that the major portion of the rosewood logs has already been recovered and that the petitioner has no previous cases pending against him, 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 Judicial Magistrate Court No.I, at Tirupattur, 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 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.