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Madras High CourtCRL OP/10795/2026granted

Appuraj @ Chinnathambi v. State Rep. By The Inspector Of Police,

2026-05-13Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.05.2026

CORAM

The Hon`ble Mr.Justice P.DHANABAL Crl. O.P. No.10795 of 2026 Appuraj @ Chinnathambi ... Petitioner/Accused vs The State represented by The Inspector of Police D-1, Triplicane Police Station Chennai.

Crime No.241 of 2024 ... Respondent PRAYER: - Criminal Original Petition filed under Section 483 of BNSS Act praying to enlarge the petitioner on bail in S.C.No.123 of 2025 on the file pending trial before Principal Sessions Judge, Chennai. For Petitioner :

Mr.D.Murugan For Respondent :

Mr.S.Vinothraja Government Advocate (Criminal side)

ORDER

The petitioner/accused, who was arrested and remanded to judicial custody on 09.12.2025 for the offences punishable under Sections 296(b), 103(1), 351(3) of BNS Act, 2023 in Cr. No.241 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that on 09.12.2025, the petitioner appeared before the trial Court and on that day L.W.6 and L.W.9 were present and examined as P.W.4 to P.W.65 and documents were marked. Thereafter, the learned counsel for the petitioner failed to appear before the trial Court and the petitioner did not take steps to proceed with the trial. It is alleged that the petitioner adopted dilatory tactics and the petitioner did not co-operate for conducting the trial. Hence, the trial Court remanded the petitioner to judicial custody on the same day.

3. The learned counsel for the petitioner submitted that the petitioner has now engaged a new counsel and vakalat has also been filed. It is also submitted that a petition has been filed before the trial Court under Section 348 of the BNSS, 2023 to recall the witnesses and the same is pending. The petitioner is a permanent resident of the address mentioned and he will not abscond. He is ready to co-operate with the trial proceedings. Hence, he prayed to grant bail.

4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner has not been co-operating 2/6

with the trial proceedings and the trial Court remanded the petitioner only because the petitioner adopted dilatory tactics and failed to cross-examine the witnesses. Hence, he objected to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the rival submissions on either side, considering the fact that case is at the stage of trial, and further taking note of the fact that the petitioner has no previous case and also considering the incarceration period of this petitioner from 09.12.2025, I am inclined to grant bail to the petitioner, subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal Sessions Judge, Chennai and on further conditions that:

[b] the petitioner shall report before the trial Court on all working days at 10.00 a.m. until further orders; [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of 3/6

which he is suspected;

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

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.05.2026 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order mp 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 Principal Sessions Judge, Chennai

2. The Public Prosecutor, High Court, Madras.

3. The Inspector of Police, D-1, Triplicane Police Station, Chennai.

4. The Central Prison - II, Puzhal.

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P.DHANABAL ,J mp CRL.O.P. No.10795 of 2026 13.05.2026 6/6