Sabari Vijay vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 09.07.2026 for the alleged offence under Section 304(2) r/w 62 and 111 of BNS, Act 2023 in Crime No.160 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that while the de facto complainant was returning home in his vehicle, the petitioner, along with the other accused, attempted to snatch the chain worn by the de facto complainant. Hence, the case was registered.

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case and has not committed any offence as alleged by the prosecution. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

The learned Government Advocate (Criminal Side) appearing for the respondent police strongly objected to the bail application and submitted that the petitioner has eight previous cases are pending against him. Hence, he opposed to grant bail to the petitioner.

From the submissions made by the learned Government Advocate (Crl.Side), it is seen that the petitioner has eight previous cases, but in the present case, the petitioner is alleged to have only attempted to snatch the chain of the defacto complainant. However, considering the nature of the allegation, and the period of incarceration already undergone by 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, Perundurai, Erode District, 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.