[Cites 3, Cited by 0]
Madras High Court
Akshara @ Kishore vs State Rep. By Its on 20 April, 2026
CRL OP No. 9845 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL OP No. 9845 of 2026
1. Akshara @ Kishore
2. Srimathi @ Vivek
..Petitioners
Vs
State rep. by its
The Inspector of Police,
Pallapatty Police Station,
Salem District.
(Crime No.66 of 2026)
..Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioners on bail in crime
No.66 of 2026, on the file of the respondent police.
For Petitioner: Mr.W.Camyles Gandhi
For Respondent: Mr.S.Vinoth Kumar,
Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on
15.03.2026 for the alleged offences under Sections 309(4), 311 & 351(3) of the
Bharatiya Nyaya Sanhita, 2023, (392, 397 & 506(ii) of Indian Penal Code,
1860) in Crime No.66 of 2026 on the file of the respondent police, seeks bail.
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2. The case of the prosecution is that on 13.03.2026 at about 03.30 a.m.,
the petitioners waylaid the defacto complainant, threatened him with iron rod,
robbed silver articles, cell phone and transferred Rs.4,000/- through G-Pay and
thereafter fled from the scene. Hence, the case was registered.
3. The learned counsel appearing for the petitioners submitted that the
petitioners are innocent and falsely implicated in this case. The learned counsel
would further submit that the petitioners have been in incarceration since
15.03.2026 and the recovery has already been effected and no further custodial
interrogation is required. Hence, he prayed for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the
respondent submitted that these petitioners have no previous cases and the
allegation against him is that they have robbed silver articles and the property
has already been recovered. It is further submitted that the petitioner has been in
incarceration since 15.03.2026.
5. I have given anxious consideration to the submissions made by the
learned counsel on either side.
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6. Considering the submissions of the learned counsel on both sides, this
Court is of the view that the petitioners have no previous cases. The allegation
against them is that they robbed silver articles and a mobile phone, and
transferred Rs.4,000 via G-Pay. Taking into consideration the factual position
that the property has already been recovered and that the petitioners have been
in incarceration since 15.03.2026, this Court is inclined to grant them bail,
subject to certain conditions.
7. Accordingly, the petitioners are ordered to be released on bail on their
executing a bond each for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand
only), with two sureties each for a like sum each to the satisfaction of the
learned Judicial Magistrate II, Salem, and subject to the following conditions:
[a] the sureties shall affix their photographs and Left
Thumb Impression in the Application for Surety ship
[Judicial Form No.46 annexed to 'The Criminal Rules of
Practice, 2019']. The learned Magistrate shall obtain a copy
of any one of the identity proofs to ensure their identity;
[b] the petitioners shall report before the respondent
police twice a day at 10.30 a.m. and 05.30 p.m., for a
period of 30 days and thereafter as and when required
for interrogation;
[c] the petitioners shall not abscond either during
investigation or trial;
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[d] the petitioners shall not tamper with the evidence or
witness either during investigation or trial;
[e] on breach of any of the aforementioned conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
action against the petitioners in accordance with law as if the
conditions had been imposed and the petitioners released on
bail by the learned Magistrate/Trial Court itself, as laid down
by the Hon'ble Supreme Court in P.K.Shaji vs. State of
Kerala [(2005)13 SCC 283];
[f] if the petitioners thereafter abscond, a fresh FIR may be
registered under Section 269 of the Bharatiya Nyaya Sanhita,
2023.
20-04-2026
NSL
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 learned Judicial Magistrate-II, Salem.
2. Central Prison, Salem.
3. Special Prison for Women, Central Prison, Salem
4. The Inspector of Police, Pallapatty Police Station, Salem District.
5. The Public Prosecutor, High Court of Madras.
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C.KUMARAPPAN, J.
NSL
20-04-2026
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