Kabilan @ Kabilar Vs the Union of India Rep.by, the Deputy… — Bail and Remand | Madras HC (2025)

Kabilan @ Kabilar Vs the Union of India Rep.by, the Deputy… — Bail and Remand | Madras HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; cancellation order dated 08.01.2025 in Crl.M.P.No.1689 of 2024 set aside and appellant enlarged on bail subject to conditions: (i) bond and two sureties of like sum Rs.10,000/- each, one surety a blood relative; (ii) residence confined to Chennai, no departure without Trial Court permission; (iii) daily appearance/signing before respondent police at 10.30 a.m. and attendance on all hearing dates; (iv) surrender of passport or affidavit if none held (with Passport Officer verification facility); (v) cooperation with investigation; (vi) no tampering with evidence or obstruction of investigation; (vii) informing Trial Court and respondent police of residence address and any change; (viii)-(ix) use of a single mobile phone kept active and accessible, number informed to Trial Court and police; (x) Trial Court retains liberty to cancel bail on violation of conditions.

Issue for consideration

Whether the Criminal Appeal challenging the Special Court's order dated 08.01.2025 in Crl.M.P.No.1689 of 2024 (in Spl.S.C.No.29/2022) cancelling the appellant's bail on the ground of a fake/false residence address should be allowed and the cancellation order set aside. +1 more

Court's answer

This Criminal Appeal stands allowed; the impugned order dated 08.01.2025 passed in Crl.M.P.No.1689 of 2024 in Spl.S.C.No.29 of 2022 by the learned Special Court under the National Investigation Agency Act 2008 (Sessions Court for Exclusive Trial of Bomb Blast and Special Court for POTA Cases) Chennai at Poonamallee is hereby set aside, and consequently the appellant shall be enlarged on bail subject to the ten enumerated conditions.

Ratio / Principle

Accepting the appellant's explanation that he had gone to Salem only for treatment and ordinarily resides at Chennai, the Court required and obtained his undertaking (affidavit dated 12.03.2025, attested by the Jailer, Central Prison-II, Puzhal) furnishing both his permanent address at Salem and temporary address at Chennai and undertaking to report any change of residence to the Trial Court and the respondent Police, and recorded the submissions in that affidavit.

Key takeaways

The Court acknowledged that when one of the conditions in the bail order is violated, the Special Court would be at liberty to cancel the bail in view of Clause 26(x) of the bail order dated 12.12.2023; this liberty is preserved in the fresh bail conditions (condition (x)).obiter¶29

Detailed headnote1 paragraphs

MADRAS HIGH COURT - Crl.A.No.134 of 2025 - Dated 18.03.2025 - Coram: Justice M.S. Ramesh and Justice N. Senthilkumar (order made by M.S. Ramesh, J.). Restoration of bail cancelled on alleged fake residence address. The appellant, A.Kabilan @ Kabilar, implicated under the Arms Act, 1959 and the Explosive Substances Act, 1908, had been granted conditional bail by this Court in Crl.A.No.529 of 2023 (bail order dated 12.12.2023, Clause 26(x) permitting cancellation on violation of conditions). On the NIA's allegation that the appellant had furnished a fake address for residence during the bail period, the respondent applied under Section 483(3) BNSS, and the Special Court under the National Investigation Agency Act 2008, Poonamallee, cancelled the bail by order dated 08.01.2025 in Crl.M.P.No.1689 of 2024 (in Spl.S.C.No.29/2022). In appeal (filed under Section 21(4) of the N.I.A. Act), the appellant explained that he ordinarily resides at Chennai and had visited his permanent Salem address solely for medical treatment, having inadvertently failed to inform; he furnished an affidavit dated 12.03.2025, attested by the Jailer, Central Prison-II, Puzhal, giving both addresses and undertaking to report any change of residence. Recording that affidavit, the Court allowed the appeal, set aside the cancellation order and enlarged the appellant on bail on ten conditions: Rs.10,000/- bond with two sureties (one a blood relative); residence confined to Chennai; daily reporting to respondent police at 10.30 a.m.; passport surrender or supporting affidavit; cooperation with investigation and non-tampering; disclosure of residence address and changes; single active mobile phone; with the Trial Court retaining liberty to cancel bail on violation.