Ajith Kumar v. State Of Tamil Nadu Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL Ajith Kumar ..Petitioner(s) Vs STATE OF TAMIL NADU Rep by The Inspector of Police Thammampatti Police Station, (Crime No.135 of 2019) ..Respondent(s) PRAYER: - The Criminal Original Petition is filed under Section 483 of BNSS, praying to enlarge the petitioner on bail in S.C.No.46 of 2026 on the file of the Additional District and Sessions Judge, Attur and thus render justice For Petitioner(s):
A.E.Ravichandran For Respondent(s):
Mr.R.Vinoth Raja Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 05.03.2026, for the offences punishable under Sections 201, 203 and 302 of IPC in Crime No. 395 of 2025, registered on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to non-appearance before the Trial Court on 27.10.2025, NBW was issued against the petitioner and the same was executed and the petitioner was remanded to judicial custody on 05.03.2026. Hence, the case.
3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He also submitted that the petitioner is in no way connected with the alleged offence, however, he is suffering incarceration from 05.03.2025. He also submits that due to health issues, he was unable to appear before the trial Court. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.side) appearing for the respondent police, submitted that NBW was issued against the petitioner on 27.10.2025 and the same was executed. He also submits that the trial has commenced and the witnesses were examined and the case is posted for examining further witnesses. Hence, he strongly opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record.
6. Considering the rival submissions made by the learned counsel on either side, the nature of the offences, it is seen that due to his non-appearance before the Trial court on 27.10.2025, NBW was issued against him and the same was executed. Further, the material witnesses in this case were already
examined and now, the case is posted for examination of further witnesses and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on him 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 Additional District and Sessions Judge, Attur and on further conditions that:- [b] the petitioner shall report before the Trial Court daily at 10.30 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 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 269 BNS.
13-05-2026 Index: Yes/No Speaking/Non-speaking order nr To
1. Additional District and Sessions Judge, Attur 2.The Inspector of Police Thammampatti Police Station,
3. Central Prison, Salem.
4. The Public Prosecutor, Madras High Court, Chennai. 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
P.DHANABAL, J.
NR 13-05-2026