Ayyanar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Ayyanar ..Petitioner(s) Vs State represented by The Inspector of Police Uthiyur Police Station, Tiruppur District.

(Crime No. 35 of 2023) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 483 of B.N.S.S., praying to enlarge the petitioner on bail in SC.No.245 of 2023 in connection with Crime No.35 of 2023 pending on the file of the Principal Subordinate Court, Kangayam, Tiruppur.

For Petitioner(s):

Mr.A.Saranraj For Respondent(s):

Mr.S.Yogaraja Sekar, Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 31.10.2025 for the alleged offences under Sections 294(b), 323, 506(2), 307, 120(B) and 34 of IPC in S.C.No.245 of 2023 on the file of the Principal Subordinate Court, Kangayam, Tiruppur in connection with Crime No.35 of 2023 on the file of the respondent police, seeks bail.

2.

Learned counsel for the petitioner submits that the petitioner is an accused/A4 in S.C.No.245 of 2023 on the file of the Principal Subordinate Court, Kangayam, Tiruppur. He further submits that the petitioner was regularly appearing before the trial court on all hearing dates, however, due to his illness, he was unable to appear before the trial court, thereby, the non bailable warrant was issued against him 04.07.2025 and the same was executed on 09.01.2026. He also submits that the petitioner undertakes that he will appear before the trial Court on all hearing dates without fail and he will co-operate for speedy disposal of the trial. Hence, he prayed for grant of bail to the petitioner. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent, while objecting to the grant of bail, submitted that the non-bailable warrant was issued against the petitioner on 04.07.2025 and executed on 09.01.2026. He also submitted that there are 6 witnesses in this case have been examined by the trial Court.

4.

The petitioner was arrested on 09.01.2026. Considering the facts and cumulative circumstances of the case and also taking note of the period of incarceration undergone by the petitioner, this Court is of the view that one more opportunity may be given to the petitioner. Hence, this Court is inclined to grant bail to the petitioner, subject to the following 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 each, for a like sum to the satisfaction of the learned Judicial Magistrate, Kangayam, Tiruppur, 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 report before the Principal Subordinate Judge, Kangayam, Tiruppur, daily at 10.30 a.m., until completion of the trial;

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

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] 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];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

02-06-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Principal Subordinate Judge, Kangayam, Tiruppur. 2.The Judicial Magistrate, Kangayam, Tiruppur. 3.The Inspector of Police Uthiyur Police Station, Tiruppur District.

4.The Superintendent, Central Prison, Vellore.

5.The Public Prosecutor, High Court of Madras.

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.

C.KUMARAPPAN, J.

VKR 02-06-2026