K.Babu v. State Of Tamilnadu Rep By Inspector Of Police, Appanthirupathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL K.Babu ...Petitioner/Accused NO.2 Vs State of Tamil Nadu rep. by The Inspector of Police, Appanthiruppathi Police Station, Madurai District.

(Crime No.37 of 2026)

...Respondent/Complainant

For Petitioner:Mr.P.Subha Rani For Respondent:Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 37 of 2026 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 06.03.2026 for the offences punishable under Sections 304(2) of BNS, 2023, in Crime No.37 of 2026 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 17.02.2026, at about 09.45 p.m., when the defacto complainant was returning home after completion of his work, the three persons have wrongfully restrained the defacto complainant and snatched the cellphone, purse and earphones from him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case. He has not committed any offence as alleged by the prosecution. The petitioner has been arrested and 2/7

remanded to judicial custody on 06.03.2026. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the petitioner has no previous case. He would further submit that the properties have not yet been recovered. Hence, he strongly opposed to grant bail to the petitioner.

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 fact that even as per FIR, there are bald allegations against the petitioner, and no specific amount of money has been mentioned in this case and no previous case pending against the petitioner and also 3/7

considering the period of incarceration undergone by the petitioner, 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 Court No.V, Madurai District, and on further conditions that:

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation.

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

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

[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].

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

(P D B J) 09.04.2026 vsg To 1.The Judicial Magistrate Court No.V, Madurai District.

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

3.The Officer-in-Charge, Sub Jail, Melur, at Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J vsg

ORDER

IN CRL OP(MD) No. 6989 of 2026 Date : 09.04.2026 7/7