Suresh Kumar @ Gudhirai Suresh v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2026

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Suresh Kumar @ Gudhirai Suresh ..Petitioner Vs.

State rep.by The Inspector of Police, E-5, Sholavaram Police Station, Tiruvallur ..Respondent PRAYER:

Criminal Original Petition is filed under Section 483 of BNSS, 2023 praying to enlarge the petitioner on bail pending trial in SC.No.326 of 2025 on the file of the IV Additional District Judge, Thiruvallur @ Ponneri, the respondent herein in the above case. For Petitioner : Mr.D.Sugumar For Respondent : Mr.S.Vinoth Kumar Government Advocate(crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.05.2025 on execution of non bailable warrant in SC.No.326 of 2025 on the file of IV Additional District Judge, Thiruvallur @ Ponneri, seeks bail.

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2. While pending trial in SC.No.326 of 2025 on the file of IV Additional District Judge, Thiruvallur @ Ponneri, the petitioner/A4 in the said case, did not appear before the trial court on a particular day. Therefore, the trial court issued non bailable warrant and as such, he was arrested and remanded to judicial custody on 03.05.2025. Therefore, seeking bail, the above accused has filed this criminal original petition.

3. The learned counsel appearing for the petitioner would submit that the non appearance of the petitioner before the trial court was neither wilful nor wanton as he had been arrested in some other case. Further, the petitioner is the bread winner of his family. Hence, the learned counsel prays to grant bail to the petitioner.

4.The learned Government Advocate(crl.side) appearing for the respondent police submitted that the petitioner was arrested only on non bailable warrant issued by the trial court. Therefore, if the petitioner is enlarged on bail, the same will result in prolongation of the trial period. Further, the petitioner is a habitual offender since he involved in 16 previous cases, wherein there were five murder cases. Therefore, he vehemently opposed to grant bail to the petitioner. 2/4

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Heard, the learned counsel appearing on either side and perused the materials available on record.

6. According to the petitioner, he could not appear before the trial court as he had been arrested in some other case. However, only because of the non appearance of the petitioner, the trial court was stalled. Further, only after period of three years from the date of issuance of non bailable warrant, he has been arrested and remanded to judicial custody. That apart, the petitioner is a habitual offender. Considering those things, this Court is not inclined to grant bail to the petitioner. 7.

Accordingly, this criminal original petition is dismissed. 30.04.2026 lok To

1. The learned IV Additional District Judge, Thiruvallur @ Ponneri 2.The Inspector of Police, E-5, Sholavaram Police Station, Tiruvallur 3.The Public Prosecutor, High Court of Madras 3/4

G.K.ILANTHIRAIYAN, J.

lok Crl.O.P.No.11201 of 2026 30.04.2026 4/4