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Madras High CourtCRL OP/2818/2026granted

Prabhu @ Prabhakaran v. State Rep By, The Inspector Of Police

2026-02-06Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-02-2026

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.2818 of 2026 Prabhu @ Prabhakaran ... Petitioner/ Accused Vs The State rep. by, The Inspector of Police, Veerapandi Police Station, Tiruppur City, Tiruppur District.

(Crime No.923 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in Spl.S.C.No.31 of 2021 on the file of the Court of Sessions, Mahalir Needhimandram, Fast Track Mahila Court, Tiruppur. For Petitioner(s) :

Mr. C.S. Saravanan For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.08.2025 based on execution of NBW dated 10.11.2022 in Spl.S.C.No.31 of 2021 on the file of the Court of Sessions, Mahalir Needhimandram, Fast Track Mahila Court, Tiruppur for the offences punishable under Section 366 of IPC, u/s. 5(l), r/w. 6 and 17 of POCSO Act, 2012 and u/w. 10 and 11 of PCM Act, seeks bail. This is the successive bail application of the petitioner and the earlier bail application of the petitioner was dismissed by this Court, vide order dated 13.10.2025 in Crl.O.P.No.26291 of 2025. 2.

The learned counsel appearing for the petitioner submitted that the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in Spl.S.C.No.31 of 2021; that due to his ill health, the petitioner was unable to appear before the Trial Court on 10.11.2022, hence a NBW was issued against the petitioner and subsequently, he was arrested and remanded to judicial custody on 04.08.2025. He further submitted that the trial is not progressing and the case is of the year 2021; and that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

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3.

The learned Government Advocate (Criminal Side) appearing for the respondent while opposing the bail to the petitioner submitted that the petitioner was on bail earlier in this case, since he has not appeared before the Trial Court during the pendency of the trial, a NBW was issued and subsequently, he was arrested nearly after two years; that there are totally 19 witnesses in this case and the trial is yet to commence. 4.

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

5.

Considering the facts and circumstances of this case, the fact that the petitioner was earlier granted bail in this case, the trial is not progressing and taking note of the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the Court of Sessions, Magalir Neethimandram, Fast Track Mahila Court, 3/6

Tiruppur 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 appear before the Trial Court concerned daily at 10:30 a.m., for a period of three weeks and thereafter, on all the hearing dates without fail; [c] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall make himself available for interrogation by a Police officer as and when required; [e] the petitioner shall not abscond either during investigation or trial;

[f] 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 4/6

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

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

06.02.2026 stn 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.

To

1. The Sessions Judge, Court of Sessions, Magalir Needhimandram, Fast Track Mahila Court, Tiruppur.

2. The Inspector of Police, Veerapandi Police Station, Tiruppur City, Tiruppur District. (Crime No.923 of 2020) K. RAJASEKAR, J.

stn 5/6

3. The Superintendent, Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P. No.2818 of 2026 06.02.2026 6/6