Sandiliyan@Tinu v. The State Of Taminadu Rep By The Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.05.2025
CORAM
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR Sandiliyan @ Tinu ... Petitioner Vs.
State of Tamil Nadu represented by, The Sub-Inspector of Police, Katpadi Police Station, Vellore District.
(Crime No.637 of 2021).
... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.45 of 2025 pending on the file of the learned Additional District Judge (FCT), Vellore. For Petitioner :
Mr.M.R.Thangavel For Respondent :
Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
The petitioner, who was remanded to judicial custody through PT warrant on 11.03.2025 in S.C.No.45 of 2025 on the file of the Additional District Court (FCT), Vellore, in connection with Crime No.637 of 2021 registered for the 1/6
offences punishable under Sections 147, 148, 342, 302, 201, 120(b), 364, 149, 379 of IPC, seeks bail.
2. The contention of the learned counsel appearing for the petitioner is that originally, the petitioner/A1 was arrested in the present case (Crime No.637 of 2021) and enlarged on bail and thereafter, regularly appearing before the trial Court. Meanwhile, the petitioner was arrested in another case registered in crime No.23 of 2025 for sand theft, thereby, he was unable to appear before the trial Court concerning S.C.No.45 of 2025 on the file of the Additional District Court (FCT), Vellore. Therefore, he was remanded to judicial custody through PT warrant on 11.03.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.
3. Learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner was arrested through PT warrant on 11.03.2025 since he failed to appear before the trial Court in S.C.No.45 of 2025. Hence, he opposed for granting bail to the petitioner.
4. Heard both sides and perused the materials available on record. 2/6
5. Considering the facts and circumstances of the case, the submission made by the learned counsel appearing on either side and taking note of the period of incarceration suffered 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Katpadi, 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 learned trial Judge, on every Monday at 10.30 a.m., until further orders and he shall also appear before the trial Court on all hearing dates without fail;
[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses; 3/6
[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard; [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 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.
15.05.2025 ham 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.
4/6
To
1. The Additional District Judge (FCT), Vellore.
2. The Judicial Magistrate, Katpadi.
3. The Sub-Inspector of Police, Katpadi Police Station, Vellore District
4. The Superintendent, Vellore Central Prison, Thorapadi.
5. The Public Prosecutor, High Court of Madras. 5/6
M.NIRMAL KUMAR, J.
ham 15.05.2025 6/6