Bharathkumar v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.1937 of 2026 Bharathkumar S/o.Rajan ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.

(Crime No.1370 of 2021) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Crime No.1370 of 2021 on the file of the respondent police. For Petitioner(s) :

Mr.S.Karthick For Respondent(s) :

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

ORDER

The petitioner, who was arrested and remanded to judicial custody on the same day, for the offences punishable under Sections 341, 294(b), 324, 326, 307, 506(ii) of IPC, in Crime No.1370 of 2021, registered on the file of the respondent police, seeks bail.

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2. The petitioner herein was earlier arrested and released on bail for the offences under Sections 341, 294(b), 324, 326, 307, 506(ii) of IPC, in Crime No.1370 of 2021, registered on the file of the respondent police, seeks bail. Subsequently, he was regularly appearing before the Sessions Court in S.C.No.257 of 2022 on the file of the 15th Additional Sessions Judge, Chennai, and subsequently, on 24.09.2025, the petitioner has not appeared before the trial Court. Hence, NBW was issued against the petitioner on 24.09.2025 and the same was executed on 11.11.2025. 3.The learned counsel appearing for the petitioner submitted that the petitioner herein was detained in another case and hence, unable to appear before the Trial Court on 24.09.2025 and the petitioner is appearing regularly before the Sessions Court/trial Court and hence, prays to grant bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner, reiterated the prosecution case and submitted that the petitioner is having 13 previous cases and in this case, the petitioner was arrested for the execution of NBW. 2/5

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I have considered the submissions made and perused the materials available on record.

6. Considering the fact that earlier the petitioner was attending the trial process regularly before the trial Court, though it is the case of the year 2022, it seems that the petitioner was regularly appearing and only once he failed to appear before the trial Court, I am inclined to grant bail to the petitioner herein with certain conditions.

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Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned XV Additional District and Sessions Judge, Chennai, and on further conditions that:

[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 petitioner shall report before the trial Court daily at 10:30 a.m., for a period of three weeks and 3/5

thereafter, as and when required for interrogation; [c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283]; [d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 06.02.2026 ssa 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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K. RAJASEKAR, J.

ssa To

1. The XV Additional District and Sessions Judge, Chennai.

2. The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.

(Crime No.1370 of 2021)

3. The Superintendent, Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

CRL OP NO.1937 of 2026 06.02.2026 5/5