Raja v. State Rep.By, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2026 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Crl.O.P.No.1324 of 2026 Raja ... Petitioner -vsState Rep by, The Inspector of Police, Pennagaram Police Station, Dharmapuri District.

(Crime No.125 of 2018) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail in Spl.S.C.No.60 of 2020 pending on the file of the learned Sessions Judge, Fast Track Mahila Court at Dharmapuri. For Petitioner :

Mr.R.Loganathan For Respondent :

Mr.A.Gopinath Government Advocate (Crl. Side) *********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 10.02.2025 for the alleged offences punishable under Sections 363, 366 of IPC and 5(1), r/w 6, 16, 17 of POCSO Act, 2012 in Crime No.125 of 2018, registered on the file of the respondent police, seeks bail. 1/6

2. The allegation against the petitioner is that the petitioner was earlier arrested and released on bail. Subsequently, due to health issue, the petitioner did not appear before the concerned trial Court, and hence Non-Bailable Warrant (NBW) was issued against him on 29.08.2024 and the same was executed on 10.02.2025.

3. The learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody for nearly one year and the trial has not been concluded. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) reiterated the prosecution case and submitted that the petitioner had absconded for some period and that the trial is now progressing and is posted for LWs.7, 8 and 13. He further submitted that there is likelihood of the trial being concluded. Hence, he opposed to grant bail to the petitioner.

4. On perusal of the report of the Trial Court, it is seen that the trial is progressing.

5. Considering the fact that the petitioner is in judicial custody for nearly one year and that the trial has not been concluded, and further that no effective steps appear to have been taken to conclude the trial, this Court is of the view that since the petitioner already released on bail and re-arrested on 2/6

execution of NBW and continued incarceration of the petitioner is not warranted.

7. Considering the above reasons, this Court is inclined to grant bail to the petitioner with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Dharmapuri, 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 to ensure their identity;

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the 3/6

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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

10.02.2026 drl 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.

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To 1.The Sessions Judge, Fast Track Mahila Court, Dharmapuri.

2.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.

3.The Superintendent, Central Prison, Salem.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

drl Crl.O.P.No.1324 of 2026 10.02.2026 6/6