R.Arun vs The State Rep By

The petitioner, who was arrested and remanded to judicial custody on 22.07.2026 for the alleged offence under Sections 132, 296(b), 351(3) of BNS r/w 25(1A) of Arms Act, in Crime No.239 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that, on 22.07.2026, while the respondent police were on their usual beat duty, the petitioners were found in a public place openly displaying a deadly weapon, namely a knife, and obstructing the police from discharging their official duty. 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 petitioner had submitted a representation dated 15.07.2026 to the Superintedent of Police, Kancheepuram, pursuant to which he was called for an enquiry and appeared before the office of the Superintedent of Police on 22.07.2026 at 06.30p.m. the photograph along with the Google location has been filed at Page No.18 of the typed set of papers. It is broght to the notice of this Court that the FIR was registered on the same day at 10.00p.m., alleging that the petitioner had indulged in the allged occurrence at about 06.45p.m and 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 22.07.2026. He further submitted that there are 27 previous cases are pending against the petitioner. Hence, he strongly 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 submissions made by the learned counsel on both sides, the period of incarceration already undergone by the petitioner, the nature of the offence and the documents produced by the counsel for the petitioner, 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-1, 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 concerned Judicial Magistrate Court daily at 10.30a.m., for a period of 15 days and thereafter as and when required for interrogation;

[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.