High Court · 2025

CRL OP (MD) No.7681 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 25/04/2025PRESENTTHE HONOURABLE MR.JUSTICE R.SAKTHIVELCRL OP (MD) No.7681 of 2025Karnan ... Petitioner/A4 Vs.The State of Tamil NaduRep. by the Inspector of Police,Pattukkottai Taluk Police Station,Pattukkottai,Thanjavur District.Crime No.173 of 2014 ... Respondent/Complainant For Petitioner : Mr.A.Arul Jenifer, Advocate for M/s.KBS Law Office For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- To enlarge the petitioner on bail in in the case in S.C.No.118 of 2019 onthe file of the learned III Additional District and Sessions Judge, Thanjavur inconnection with Crime No.173 of 2014 on the file of the Respondent-Police.1/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7681 of 2025ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioner on 23.04.2025under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, prayingto grant an order of bail.2. The petitioner / Accused No.4 was arrested and remanded to judicialcustody on 22.02.2025 on the basis of Non-Bailable Warrant issued against him. Thepetitioner is facing trial in S.C.No.118 of 2019 on the file of the learned III AdditionalDistrict and Sessions Judge, Thanjavur at Pattukottai, for the offences punishableunder Sections 147, 148, 302 r/w 109 of Indian Penal Code, 1860, in connection withCrime No.173 of 2014 on the file of the respondent-police.3. Since the petitioner did not appear before the learned III Additional Districtand Sessions Judge, Thanjavur at Pattukottai, on 18.10.2023, Non-Bailable Warrantwas issued against him and the same was executed on 22.02.2025 by arresting thepetitioner.4. Mr.A.Arul Jenifer, learned counsel appearing for the petitioner, submits thatafter registration of the case, a misunderstanding arose between the petitioner andhis wife. He further submits that the petitioner is undergoing medical treatment.Therefore, on 18.10.2023, he failed to appear before the Trial Court, and2/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7681 of 2025consequently, Non-Bailable Warrant was issued. He further submits that thepetitioner has been in judicial custody since 22.02.2025 and is ready to abide by anyconditions that may be imposed by this Court. He also submits that, if granted bail,the petitioner will not abscond and will co-operate with the trial proceedings. Hetherefore prays to grant bail to the petitioner. 5. Per contra, Mr.R.Meenakshi Sundaram, learned Additional PublicProsecutor appearing for the respondent-Police, submits that Non Bailable Warrantwas issued against the petitioner on 18.10.2023 and the same was executed on22.02.2025 ie., after a period of two years. He further submit that the petitioner didnot file any medical records to show his ailments. He further submits that theoccurrence had taken place in the year 2014, if bail is granted to the petitioner, hemay abscond and thereby cause delay in the trial proceedings. He further submitsthat there is no previous case pending against the petitioner. However, he prays todismiss this Criminal Original Petition.6. Heard both sides and perused the records. 7. The petitioner was arrested on 22.02.2025 on the basis of Non-BailableWarrant issued against him on 18.10.2023, as he had failed to appear before the TrialCourt for the hearing. The contention of the petitioner is that he could not appear onthat day, i.e., 18.10.2023, due to illness, as he was suffering from certain ailments. In3/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7681 of 2025view of the above reason, this Court is of the opinion that one more opportunitymay be granted to the petitioner to appear before the Trial Court and co-operatewith the trial proceedings. Further, the petitioner has a permanent residence, andtherefore, there is less possibility of absconding. From the records, it is seen that thepetitioner is a first offender. Considering the above cumulative circumstances, theperiod of incarceration, and in the interest of justice, and with a view to ensuring afair trial, this Court is inclined to grant bail to the petitioner, however, subject tocertain conditions. Accordingly, bail is granted to the petitioner subject to thefollowing conditions: (i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousandonly) along with two sureties each for a like sum of Rs.10,000/- (Rupees TenThousand only) to the satisfaction of the learned III Additional District and SessionJudge, Thanjavur at Pattukkottai;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned III Additional District and Session Judge, Thanjavur atPattukkottai, shall obtain a copy of any one of identity proofs to ensure theiridentity;4/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7681 of 2025(iii) The petitioner shall furnish his residential address and mobile number tothe learned III Additional District and Session Judge, Thanjavur at Pattukkottai;(iv) The petitioner shall appear and sign before the learned III AdditionalDistrict and Session Judge, Thanjavur at Pattukkottai, daily at 10.30 a.m., untilfurther orders and on all hearing dates when the Court requires his appearance;(v) The petitioner shall attend in accordance with the conditions of the bond tobe executed under Chapter XXXV of BNS, 2023;(vi) The petitioner shall not commit an offence similar to the offence of he isaccused, or suspected, of the commission of which he is suspected;(vii) The petitioner shall not directly or indirectly make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade himfrom disclosing such facts to the Court or to any police officer or tamper with theevidence; and5/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7681 of 2025(viii) On breach of any of the aforementioned conditions, the learned IIIAdditional District and Session Judge, Thanjavur at Pattukkottai, is entitled to passappropriate orders against the petitioner in accordance with law as if theaforementioned conditions are imposed by him as laid down by the Hon'bleSupreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].8. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 25/04/2025 / TRUE COPY / 25/04/2025 Sub-Assistant Registrar ( Judicial ) Madurai Bench of Madras High Court, Madurai - 625 023. vsg To1.The III Additional District and Session Judge, Thanjavur at Pattukkottai,2.The officer-in-Charge, District Prison, Pudukkottai. 3.The Inspector of Police, Pattukkottai Taluk Police Station, Pattukkottai, Thanjavur District.6/7 https://www.mhc.tn.gov.in/judis CRL OP (MD) No.7681 of 20254.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.M/S.KBS LAW FIRM, Advocate ( SR-4825[I] dated 25/04/2025 ) ORDER IN CRL OP(MD) No.7681 of 2025 Date :25/04/2025 MK/SAR /25.04.2025 7P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7