Prakash Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6434 of 2026 Prakash Kumar ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Mattuthavani Police Station, Madurai District.

(Crime No.49 of 2026)

...Respondent/Complainant

For Petitioner : Mr.S.Arokia Selva Ramesh Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 49 of 2026 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 05.03.2026 for the offences punishable under Sections 309(4), 311 and 351(3) of BNS, in Crime No.49 of 2026, on the file of the respondent 1/5

police, seeks bail.

2. The case of the prosecution is that on 03.03.2026, at 09.00 p.m., the petitioner along with other accused person, entered into the public toilet, at Mattuthavani Bus Stand, threatened the defacto complainant with knife and forcibly took the amount of Rs.2,000/- from his shirt pocket and also snatched his mobile phone. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not involved in any offence as alleged in the FIR. On the basis of the confession of the co-accused only, he was implicated in this case. Therefore, prayed to grant bail for the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there are four previous cases pending against the petitioner. At the knife point, he robbed Rs.2,000/- and the cell phone. Totally there are three accused. The petitioner along with other accused committed this offence. Hence, he opposed the grant of bail.

5. This Court heard both sides and perused the materials available on 2/5

record.

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of offence and the money involved in this case, though the petitioner is having four previous case, they are not similar in nature and he was released on bail in all those cases and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.VI, Madurai, and on further conditions that:

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

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

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

(P D B J) 01.04.2026 TM To 1.The Judicial Magistrate No.VI, Madurai.

2.The Inspector of Police, Mattuthavani Police Station, Madurai District.

(Crime No.49 of 2026) 3.The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6434 of 2026 Date : 01.04.2026 5/5