Thamarai Selvan vs The State Rep By The Sub Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 26.03.2026 for the alleged offences under Sections 329(4), 296(b), 309(6) read with Section 311, 351(3) of BNS, 2023 and Section 51(A)(6)(a) of Tamil Nadu Police Act in Crime No. 81 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner trespassed into the house of the defacto complainant, demanded money from him, assaulted him with a wooden log, abused him in filthy language, committed theft of a sum of Rs.1,000/-, and criminally intimidated him. Hence, the case.

The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody since 26.03.2026. The previous bail application was dismissed on 05.08.2026 for the reason that the petitioner has 16 previous cases pending against him. It is now submitted by the learned counsel for the petitioner that, out of 16 previous cases, he was already acquitted in 8 cases and the remaining 8 cases are pending including the present case. He further brought to the notice of this Court that the petitioner has been continously in judicial custody and, on that ground, the petitioner is entitled to be enlarged on bail. 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 was incorrectly stated in the previous bail application that the petitioner has 16 previous cases. He stated that the petitioner has 25 previous cases and produced the list of 25 cases. 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.

It is seen from the list of 25 cases furnished by the respondent police, out of which, 7 cases are already disposed of and one case was referred and the other remaining cases are pending trial. Though, the petitioner was involved in 25 cases, it is submitted by the learned counsel for the petitioner that he has been falsely implicated in most of the cases. In any event, the remaining cases are pending trial and the petitioner is ready to face the trial. Considering the period of incarceration and also the facts and circumstances of the present case, this Court is inclined to grant bail to the petitioner 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.II, Salem 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 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.