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Madras High CourtCRL OP(MD)/6569/2026granted

Kaliammal @ Kaleeswari v. State Of Tamilnadu Rep By Inspector Of Police, Tirunelveli Junction

2026-04-08Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Kaliammal @ Kaleeswari 2.Annapoorani

...Petitioners/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli city.

(Crime No. 371 of 2025 )

...Respondent/Complainant

For Petitioners : Mr.K.Muthurakkan Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 371 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- 1/7

The petitioners / Accused, who were arrested and remanded to judicial custody on 28.11.2025 for the offences punishable under Section 303(2) of BNS, 2023 in Crime No. 371 of 2025 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 04.11.2025 at about 7.30 p.m., when the defacto complainant was travelling in a bus, the defacto complainant's gold chain weighing 10 sovereigns was missing, due to which a complaint has been lodged by the defacto complainant and a case has been registered against the petitioners. Hence the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they were falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that they have been arrested and remanded to judicial custody on 28.11.2025. Therefore, prayed to grant bail for the petitioners.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that based on the complaint lodged by the defacto complainant, the case has been registered under Sections 303(2) of BNS, 2023 in Crime No. 371 of 2025. He would further submit that the first petitioner has six previous cases and the second petitioner has seven previous cases, which are similar in nature. He would further submit that the investigation was completed and the charge sheet was filed and the same is taken on file in C.C.No.169 of 2026. He would further submit that the offences are grave in nature and hence, he strongly opposed to grant bail to the petitioners.

5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that the investigation was completed and the charge sheet was filed and the same is taken on file in C.C.No.169 of 2026 and though the first petitioner has six previous cases and the second petitioner has seven previous cases, in 3/7

all cases, the petitioners were granted bail and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-IV, Tirunelveli, and on further conditions that:

[b] the petitioners shall report before the learned Judicial Magistrate-IV, Tirunelveli on all working days at 10.30 a.m., until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

[d] the petitioners shall not abscond either during investigation or trial;

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[e] the petitioners 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 her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 08.04.2026 apd 5/7

To 1.The learned Judicial Magistrate-IV, Tirunelveli. 2.The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli city.

3. The Superintendent, Women Sub Jail, Kokkirakulam, Tirunelveli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 6569 of 2026 Date : 08.04.2026 7/7