Kishore Kumar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Kishore Kumar S/o.Ganesh, No.12/29, Cornation Nagar, 4th Street, Tondiarpet, Chennai - 600 081.

..Petitioner(s) / Accused Vs State Rep. by The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

Crime No. 130 of 2026 ..Respondent(s) / Complainant Prayer: Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on bail in Crime No.130 of 2026 on the file of the respondent. For Petitioner(s):

Mr.S.Rajesh For Respondent(s):

Mr.L.Baskaran, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2.

The petitioner, was arrested and remanded to judicial custody on 15.04.2025 for the alleged offences punishable under Sections 296(b), 125, 324(2), 309(6), 311 and 351(3) of Bharatiya Nyaya Sanhita, 2023 in connection with Crime No.130 of 2026 on the file of the respondent-police. 3.

The case of the prosecution is that, on 12.04.2026 at about 9.00 pm., the petitioner along with the other accused have waylaid the de facto complainant and extorted a sum of Rs.600/- from him at knife point. Based on this, the present complaint was lodged and the same has been registered.

4. Mr.S.Rajesh, the learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been in judicial custody since 15.04.2026 and till date he is under incarceration. He further submits that there is no previous case against the petitioner and that the petitioner has permanent residence. He however submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police, submits that the petitioner along with

the other accused have waylaid the de facto complainant and extorted a sum of Rs.600/- from him at knife point. However, no recovery has been made. He further submits that there is no previous case pending against the petitioner. Accordingly, he prays for the dismissal of this petition. 6.

Heard on both sides. This Court has perused all the materials available on record.

7.

The petitioner was arrested on 15.04.2025. The petitioner has permanent residence and deep roots in the society. Therefore, there is less possibility of absconding. Considering the same and also considering the facts and circumstances of the case, the nature of the offences alleged against the petitioner and taking note of the fact that there are no previous cases against the petitioner, this Court is of the view that further custody of the petitioner is not necessary in this case. Hence, this Court is inclined to grant bail to the petitioner, subject to the following conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the learned XV Metropolitan Magistrate, George Town, Chennai. (ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019'].The learned XV Metropolitan Magistrate, George Town, Chennai shall obtain a

copy of any one of their identity proof to ensure their identity. (iii) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. until further orders. (iv) The petitioner shall furnish his residential address and mobile numbers to the learned XV Metropolitan Magistrate, George Town, Chennai.

(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 2023.

(vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(vii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (viii) The petitioner shall also not directly or indirectly, cause any threat to the de facto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the de facto complainant's house or his work place.

(x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode.

(xi) On breach of any of the aforementioned conditions, the learned XV Metropolitan Magistrate, George Town, Chennai or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble

Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

8. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

21-05-2026 Index: Yes/No Speaking/Non-speaking order rap Note:

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

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

To 1.

The XV Metropolitan Magistrate, George Town, Chennai 2.

The Superintendent of Prisons, Central Prison, Puzhal.

3.

The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.

4.

The Public Prosecutor, Madras High Court.

R.SAKTHIVEL, J.

rap 21-05-2026