R.Jana Krishnamoorthy vs State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 07.09.2026 for the alleged offence under Section 312 of BNS @ Sec.3(1) of TNPPDL Act, 109(1), 126(2), 191(3), 296(b), 61(2)(a) of BNS, in Crime No.241 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that on 02.09.2026, five unidentified persons allegedly attacked the tourist vehicle of a Malaysian citizen near Navakkarai with knives, causing injuries to the complainant and his son, and attempted to snatch gold jewellery from one of the occupants. 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 co-accused have already released on bail by this Court in Crl.OP.No.30174 of 2026 dated 16.10.2026. He further submitted 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 it is a case and counter case. He further submitted that the injured was discharged from the hospital. He also further submitted that no previous case is pending against him. However, he opposed the grant of bail to the Petitioners

I have given my anxious consideration to either side submissions and perused the materials available on record.

Considering the period of incarceration, the fact that the injured has already been discharged from the hospital and the co-accused have already been released on bail, this Court is inclined to enlarge the petitioners 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, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Madukarai, Coimbatore, 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.