Rajasekar v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.4579 of 2026 Rajasekar S/o Sankar ... Petitioner Vs.

State Rep by The Inspector of Police, Kilkodungalore Police Station, Tiruvannamalai Crime No.203 of 2023 ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner/accused on bail in Cr.No.203 of 2023 on the file of the The Inspector of Police, Kilkodungalore Police Station, Tiruvannamalai District and pass orders. For Petitioner : Mr.R. Muthu Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 30.01.2026 based on the NBW issued by the Judicial Magistrate Vandavasi 1/6

for the alleged offences under Sections 341,448,384 and 109 of IPC and Section 3 of TNPPDL in Crime No.203 of 2023 on the file of respondent police seeks bail.

2. This Court vide order dated 19.02.2025 in Crl.O.P.No.3074 of 2025 granted bail to the petitioner with certain conditions which includes the petitioner shall file an affidavit before the Trial Court that he will not interfere in the peaceful possession of the defacto complainant's property. However, the petitioner has not come forward to comply with the said condition. Hence, the bail was cancelled by the Court below in Crl.M.P.No.430 of 2025 on 17.11.2025 and the petitioner was arrested and he is in judicial custody from 30.01.2026.

3. The learned counsel for the petitioner submitted that he is now ready to file an affidavit as directed by this Court in in Crl.O.P.No.3074 of 2025 on 19.02.2025. He further submitted that for the similarly placed accused this Court has extended time to file the affidavit in Crl.O.P.No.33768 of 2025 on 12.12.2025 and prays to extend the same benefit to the petitioner.

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4. Considering the above submissions made by the learned counsel for the petitioner that the petitioner is ready and willing to file an affidavit as directed by this Court in in Crl.O.P.No.3074 of 2025 on 19.02.2025, this Court is inclined to grant bail to the petitioner subject to certain conditions.

5. 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, for a like sum to the satisfaction of the learned Judicial Magistrate, Vandavasi 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 stay at Trichy and report before the Inspector of Police, Trichy Town Police for a period of two weeks and thereafter the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

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

[g] the petitioner shall file an affidavit before the trial Court that he will not interfere in the peaceful possession of the defacto complainant's property 25.02.2026 smn 4/6

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 Judicial Magistrate, Vandavasi

2. The Inspector of Police, Kilkodungalore Police Station, Tiruvannamalai

3. The Sub Jail, Vandavasi 4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

smn Crl.O.P.No.4579 of 2026 25.02.2026 6/6