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Madras High CourtCRL OP/12562/2026granted

Muthupandi v. The State Rep By

2026-05-20Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL Muthupandi S/o.Ravikumar 49/14A, West Govindharpuram, Dindugal District.

..Petitioner/Accused 1 Vs State Rep. by Inspector of Police Uthiyur Police Station, Tiruppur District.

Crime No. 35/2023.

..Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to enlarge the petitioner on Bail in SC. No. 245 of 2023 in Cr.No.35 of 2023 pending on the file of the Principal Subordinate Judge of Kangayam, Tiruppur. For Petitioner(s):

Mr.A.Saranraj For Respondent(s):

Mr.L.Baskaran, Government Advocate (Crl.Side) ORDER :

This Criminal Original Petition has been filed by the petitioner on 11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS) praying to grant bail.

2. The petitioner/A1 was arrested and released on bail for the alleged offences punishable under Section 294(b), 323, 506(2), 307, 120(B), 34 of IPC, in Crime No.35 of 2023 on the file of the respondent-police.

3. Mr.A.Saranraj, learned counsel for the petitioner, submits that the petitioner/A1 was arrested in another case and therefore, he was unable to appear before the trial Court, and hence, a non-bailable warrant was issued against him on 05.07.2024 and pursuant to the same, he was arrested on 09.06.2025. He also submitted that the petitioner undertakes to appear before the trial Court on all hearing dates without fail and will cooperate for the speedy conduct of the trial. Hence, he prayed for the grant of bail to the petitioner.

4. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police submits that the petitioner was arrested in another case and therefore, he had not appeared before the Trial Court on 05.07.2024 and hence, Non Bailable Warrant was issued and executed on 09.06.2025. He would further submit that there are seven previous cases as against the petitioner. However, he opposes the grant of bail and accordingly, he prays to dismiss the petition.

5. Heard on both sides. This Court has perused all the materials available

on record.

6. The petitioner was arrested on 09.06.2025. Considering the same and taking note of the facts and cumulative circumstances of the case, the offences alleged against the petitioner and the fact that the Non Bailable Warrant was issued and executed on 09.06.2025 and the case was posted for trial before the trial Court and also the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum of Rs.10,000/- (Rupees Ten Thousand Only) to the satisfaction of the Judicial Magistrate, Kangayam, Tiruppur.

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The Judicial Magistrate, Kangayam, Tiruppur, shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall report before the Principal Subordinate Judge, Kangayam, Tiruppur, daily at 10.30 a.m., until further orders. (iv) The petitioner shall furnish his residential address and mobile numbers to the Judicial Magistrate, Kangayam, Tiruppur.

(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023. (vi) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (vii) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(viii) The petitioner shall also not directly or indirectly, cause any threat to the defacto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the defacto complainant's house or his work place.

(x) The petitioner shall not try to contact the defacto complainant, victims, and witnesses either directly or through any electronic mode. (xi) On breach of any of the aforementioned conditions, the Judicial Magistrate, Kangayam, Tiruppur, or Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by them as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

7. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

20-05-2026 ssa Note:

1. Registry is directed to forthwith upload this order on the Official Website of this Court.

2. All concerned to act on this order being uploaded on Official Website of this Court without insisting on certified hard copies. To be noted, this order, when uploaded on the official website of this Court, will be watermarked and will also have a QR code.

R.SAKTHIVEL, J.

ssa To 1.The Principal Subordinate Judge of Kangayam, Tiruppur. 2.The Judicial Magistrate, Kangayam, Tiruppur. 3.The Superintendent, Central Prison, Trichy. 4.The Inspector of Police Uthiyur Police Station, Tiruppur District.

5.The Public Prosecutor, High Court of Madras.

Order made in 20-05-2026