Kabi @ Kabilan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date :17.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY Kabi @ Kabilan ... Petitioner/ A2 Vs The State of Tamil Nadu, Rep by the Inspector of Police, Adiramapattinam Police Station, Thanjavur District (Crime No.48 of 2018) ... Respondent/Complainant For Petitioner : Mr.A.Balaji For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.48 of 2018 on the file of the respondent police.

1/6

ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 03.06.2025 for the offences punishable under Sections 394 and 397 of BNS in Crime No.48 of 2018 on the file of the respondent police seeks bail.

2. The case of the prosecution is that the petitioner along with other accused broke open the glass of the lorry and at knife point threatened the defacto complainant and extorted a sum of Rs.2,00,000/-. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is ready and willing to abide by any conditions which may be imposed by this Court and he is in judicial custody from 03.06.2025. Hence, he seeks bail to the petitioner.

2/6

4. The learned Additional Public Prosecutor submitted that petitioner along with other accused broke open the glass of the lorry and at knife point threatened the defacto complainant and extorted a sum of Rs.2,00,000/- and he further submit that 15 previous cases are pending against the petitioner, hence he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking in to consideration the period of incarceration suffered by the petitioner and also the fact that investigation has been completed and final report filed before the Court, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing 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 learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai, 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 3/6

to ensure their identity.

[b] The petitioner shall furnish his residential address and mobile number to the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai [c] If the petitioner changes his residential address, he shall report the same to the learned III Additional District and Sessions Judge, Thanjavur @ Pattukottai [d] the petitioner shall stay at Thoothukudi and report before the Thoothukudi South Police Station daily at 10.30 a.m., and 5.30 pm., until further orders.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial. [g] 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].

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

17.09.2025 aav 4/6

To

1. The III Additional District and Sessions Judge, Thanjavur @ Pattukottai

2. The Superintendent, District Jail, Pudukottai

3. The Inspector of Police, Adiramapattinam Police Station, Thanjavur District

4. The Inspector of Police Thoothukudi South Police Station

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

5/6

S.SRIMATHY,J.

aav

ORDER

IN CRL OP(MD) No.15162 of 2025 Date :17.09.2025 6/6