Kali @ Kalidass v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2026
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.35944 of 2025 Kali @ Kalidass Petitioner Vs The State Represented by The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai - 600 083 Crime No.396 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.396 of 2025 on the file of the respondent police. For Petitioner: Mr.R. Rajamahendran For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 23.10.2025 for the alleged offence punishable under Sections 126(2),296(b), 309(4) 311, 324(4), 125, 351(3) of BNS in Crime No.396 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that the petitioner joined hands with other accused and waylaid the defacto complainant and robbed a sum of Rs.4,500/- at knife point. Hence, the complaint.
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. He further submitted that the detention order against the petitioner was revoked by the Government in G.O.Rt.No.8362 on 12.12.2025 on the basis of the recommendations made by the Advisory Board and the petitioner is in judicial custody since 23.10.2025. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner has seven previous cases, similar in nature, pending against him. He further submitted that if the petitioner is released on bail he will indulge in similar type of activities Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the submissions of the learned counsel on either side, the fact that petitioner is in judicial custody from 23.10.2025, and the detention order against the petitioner was revoked by the Government in G.O.Rt.No.8362 on 12.12.2025 on the basis of the recommendations made by the Advisory Board, this Court is inclined to grant bail to the petitioner on certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on her 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 XXIII Metropolitan Magistrate Court at Saidapet, Chennai and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the XXIII Metropolitan Magistrate Court at Saidapet, Chennai, for a period of three weeks.
[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 aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the 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)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 02.01.2026 smn 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 XXIII Metropolitan Magistrate Court at Saidapet, Chennai 2.The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai - 600 083 3.The Superintendent, Central Prison, Puzhal, Chennai -66 4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., smn CRL OP NO.35944 of 2025 02.01.2026