Kalairaja v. The State Represented By, Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.08.2025 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Kalairaja ... Petitioner -vsThe state represented by its The Inspector of Police Vaazhapadi Police Station Salem.
(Crime No.40 of 2025)
...Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No. 40 of 2025 on the file of the respondent police. For Petitioner : Mr.G.Jaisivaramaraj For Respondent : Mr.L.Baskaran Government Advocate (Crl.side) Page No.1/6
ORDER
The petitioner, who was arrested on 25.06.2025 for the offences punishable under Section 304(2) of BNS Act, in Crime No.40 of 2025, registered on the file of the respondent, seeks bail.
2. The petitioner herein arrested on 25.06.2025 for the alleged offence of snatching 9 sovereigns gold chain from the defacto complainant. Totally four accused arrayed in this case. The respondent police unable to complete the investigation for the past 60 days.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police opposed the grant of bail to the petitioner and submitted that the petitioner has got two previous cases against him.
4. Heard both sides and perused the materials available on record.
5. Considering the fact that the petitioner is in jail for 60 days and the respondent police has not conducted investigation except harassing the accused Page No.2/6
even after a lapse of 60 days, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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 District Munsif-cum-Judicial Magistrate, Vazhapadi, Salem 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] 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 Page No.3/6
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. 25.08.2025 dna 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.
Page No.4/6
To
1. The District Munsif-cum-Judicial Magistrate, Vazhapadi, Salem.
2.The Inspector of Police Vaazhapadi Police Station Salem.
(Crime No.40 of 2025 3.The Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras.
Page No.5/6
Dr.G.JAYACHANDRAN , J.
dna 25.08.2025 Page No.6/6