J.Kishore v. State Rep. By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR.JUSTICE K.RAJASEKAR J.Kishore ..Petitioner(s) Vs State Rep. by Inspector of Police M-3, Puzhal Police Station, Chennai.

Cr.No. 77/2026.

..Respondent(s) PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No. 77/2026 pending before the respondent police. For Petitioner(s):

M/s.S.Sujatha For Respondent(s):

Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 22.01.2026 for the alleged offence under Sections 126(2), 296(b), 309(4) r/w Section 311, 351(3) of BNS, in Crime No.77 of 2026 on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the petitioner has committed a

robbery of Rs.1,450/- from the defacto complainant at knife point using filthy language. Hence, the complaint has been lodged and the petitioner was arrested. 3.

The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he had not committed any offence as alleged by the prosecution. He further submitted that the petitioner was inside the prison from 22.01.2026. Hence, he prayed for the grant of bail to the petitioner. 4.

The learned Government Advocate (Crl. Side) appearing for the respondent, on instruction submitted that the petitioner waylaid the defacto complainant and demanded money, when he refused, they robbed Rs.1,450/- at knife point and escaped from the scene of occurrence and the case property has been recovered. It was further submitted that the petitioner is having nine previous cases and the investigation is still in progress. 5.

Taking into consideration the facts and circumstances of the case, considering the nature of allegation against the petitioner, the submissions made by the learned counsels on either side and in view of the fact that the period of incarceration undergone by the petitioner, and though the petitioner is having nine previous cases, this Court is inclined to grant bail to the petitioner subject to certain conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties, for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate Court, Madhavaram, 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 everyday at 10:30 a.m., for a period of four weeks and thereafter as and when required for interrogation; [c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

24-02-2026 GBI

Note :

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.

To:

1.The District Munsif cum Judicial Magistrate Court, Madhavaram. 2.State Rep.

by Inspector of Police M-3, Puzhal Police Station, Chennai.

Cr.No. 77/2026.

3.The Central Prison Puzhal, Chennai District. 4.The Public Prosecutor, High Court of Madras.

K.RAJASEKAR, J.

GBI 24-02-2026