Praveen vs The State Rep. by, The Sub Inspector of Police

The petitioner (A1), who was arrested and remanded to judicial custody on 05.08.2026 for the alleged offence punishable under Section 308(4) of the Bharatiya Nyaya Sanhita (BNS) (387 of IPC) in Crime No.310 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that while the defacto complainant was returning home, three unknown persons intercepted him, threatened him at knife-point, and demanded money. The accused persons then forcefully took away his two-wheeler and fled the spot. Hence, the case was registered.

The learned counsel appearing for the petitioner submits that the petitioner is innocent of the allegations and has been falsely implicated. He further submits that the petitioner has been in continuous judicial custody since 05.08.2026. Highlighting that the investigation has substantially progressed and the vehicle has already been recovered, he prays for the grant of bail.

The learned Government Advocate (Crl.side) appearing for the respondent opposes the grant of bail. He points out that the petitioner has two previous cases of a similar nature pending against him. However, he concedes the fact that the stolen two-wheeler has already been recovered from the accused.

Heard both sides and perused the materials available on record.

Considering the facts and circumstances of the case, the period of incarceration undergone by the petitioner from 05.08.2026, and taking note of the fact that the stolen property has already been recovered by the respondent police, this Court is inclined to grant bail to the petitioner with certain conditions, notwithstanding his two previous antecedents.

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 Court 3, Tiruppur 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. be noted, this order when uploaded in the