High Court · 2025

CRL OP(MD). No.15129 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 12/09/2025PRESENTTHE HONOURABLE MRS.JUSTICE S.SRIMATHYCRL OP(MD). No.15129 of 2025Ayyappan, S/o.Moorthy, ..Petitioner/Accused No.2 VsThe State of Tamil Nadu,Rep.by The Inspector of Police,Natchiyarkovil Police Station, Thanajvur District. (Crime No.374 of 2014) .. Respondent/Complainant For Petitioner : M/s.B.Arun Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSSPRAYER :- For Bail in Crime No.374 of 2014 on the file of the Respondent Police.ORDER : This Court made the following order :- The petitioner / Accused No.2, who was arrested and remanded to judicialcustody on 24.07.2024 for the offences punishable under Sections 147,120(b), 148, 364& 302 of IPC in Crime No.374 of 2014 on the file of the respondent police, seeks bail. 2. The case of the prosecution is that it is the case of murder, this petitioner and1/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15129 of 2025other accused persons murdered the deceased. Hence, the case. 3. The learned counsel for the petitioner would submit that the petitioner wastaking treatment for his ailment in the Month of January 2024, he was unable toappear before the trial Court on 09.01.2024. Hence, the trial Court had issued NBWand the same was executed on 24.07.2024 The Non-appearance of the petitionerbefore the Trial Court is neither willful nor wanton, but for the above stated reason.The petitioner is ready and willing to abide any conditions that may be imposed bythis Court. He further submits that the petitioner undertakes that he will not abscondand he will regularly appear before the Trial Court on hearing dates without fail. Hewould further submit that the petitioner is in custody from 24.07.2024 nearly 1 ½year. Hence, he seeks bail.4. The learned Government Advocate (Criminal Side) would submit that thiscase has been registered in Cr.No.374/2014 for the offences punishable underSections 147,120(b), 148, 364 & 302 of IPC against the petitioner and others and thesame was taken on file as S.C.No.34/2020 and pending before the Additional Districtand Sessions Judge, (Fast Track Court) Kumbakonam. One of the Accused A5Manikandan @ Laly Manikandan approached for bail before this Court in Crl OP(MD) No.1890 of 2023 dated 07.02.2023, this Honourable Court dismissed thepetition and directed the trial Court to complete the trial of this case within a period2/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15129 of 2025of three months from the date of receipt of a copy of this order. Hence, the trial Courthad issued proceedings on 29.09.2023 to bind over the witnesses for trial. 4.1. After examination of the witnesses there is no progress since the accusedare absconding one after another. NBW was issued against Al on 21.11.2023 andexecuted on 27.11.2024. NBW was issued against A2, A4 on 09.01.2024 and A4surrendered and recalled the NBW on 10.04.2024. NBW issued against A2 wasexecuted on 24.09.2024. NBW were issued against A3, A6, A7 on 30.07.2024. A6 andA7 surrendered on 14.08.2024 and NBW against A6, A7 were recalled. A3surrendered and remanded on 04.10.2024. Now A1, A2 this petitioner, A3 and A5 arein Judicial custody. Due to the absence of the accused one after another the trialcould not be completed the trial. Further this A2 Ayyappan filed Crl.O.P (M.D)No.21245 of 2023 and Crl.MP. (MD) No. 16627 of 2023 before this Court under 482Cr.P.C. to transfer the case to any other Court, and this Court dismissed the petitionon 18.12.2023. But this petitioner/accused absconded and absent continuously andhence NBW was issued against him and he was remanded to judicial Custody on24.09.2024. This case is pending due to the continuous non-appearance of the accusedone after another and now after securing all the accused, the trial commenced andreached its finality by examining all the witnesses and the Investigation Officer alsoexamined by the trial Court. It is the case of the year 2014, if bail is granted to the3/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15129 of 2025petitioner, he may abscond and thereby cause a delay in the trial proceedings. Hence,he objected to grant bail to the petitioner. 5. Taking into consideration of the facts and circumstances of the case and alsotaking note of the fact that now the trial was commenced in S.C.No.34 of 2020 on thefile learned Additional District and Sessions Judge, Kubakonam and the trial hasattained its finality, almost all the witnesses were examined before the trial Court andconsidering the undertaking given by the learned Counsel for the petitioner, thepetitioner/accused No.2 remanded into judicial custody on 24.09.2024, taking intoconsideration of the period of incarceration, this court is inclined to grant bail to thepetitioner, subject to the following conditions:6. Accordingly, the petitioner is ordered to be released on bail on executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, eachfor a like sum to the satisfaction of learned Additional District and Sessions Judge,Kumbakonam and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar card or Bank passBook to ensure their identity.[b] The petitioner shall furnish his residential address and contact number tothe learned Additional District and Sessions Judge, Kumbakonam. If the petitioner4/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15129 of 2025changes his residential address, he shall report the same to the learned AdditionalDistrict and Sessions Judge, Kumbakonam; [c] the petitioner shall appear before the learned Additional District andSessions Judge, Kumbakonam on all working days at 10.30a.m. until further orders. [d] the petitioner shall not abscond either during investigation or trial.[e] the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.[f] On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the petitioner in accordance withlaw as if the conditions have been imposed and the petitioner released on bail by thelearned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Courtin P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered underSection 269 BNS. sd/- 12/09/2025 / TRUE COPY / 12/09/2025 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023. 5/6 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.15129 of 2025gvnTO1 The Additional District And Sessions Judge, Kumbakonam.2 The Superintendent, District Prison, Nagapattinam District.3 The Inspector of Police, Natchiyarkovil Police Station, Thanjavur District.4 The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.+1 CC to M/s.B.ARUN, Advocate ( SR-10012[I] dated 12/09/2025 ) ORDER IN CRL OP(MD) No.15129 of 2025 Date :12/09/2025NBF/12/09/2025/ 6P/6CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6