Appu@Prasanth v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-05-2026

CORAM

THE HON'BLE MR.JUSTICE R.SAKTHIVEL CRL OP No. 13580 of 2026 Appu @ Prasanth S/o.Jagadeesh, No.8/10, Nedunjezhiyan Nagar, 1st Street, NSK Street, Tondiarpet, Chennai - 600 081.

..Petitioner(s) / A8 Vs State Rep. by Inspector of Police, H-6, R.K.Nagar Police Station, Chennai District.

Crime No.589 of 2013 ..Respondent(s) / 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 S.C.No.107 of 2021 pending on the file of V Additional Judge, City Civil Court, Chennai.

For Petitioner(s):

Mr.P.Muthamizhselvakumar For Respondent(s):

Mr.L.Baskaran, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed by the petitioner on 19.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying to grant bail.

2.

The petitioner/A8, was arrested and remanded to judicial custody on 01.09.2025 for the alleged offences punishable under Sections 341, 364, 395, 396, 506(ii) and 201 r/w 34 of IPC, 1860 in connection with Crime No.589 of 2013 on the file of the respondent-police.

3.

The case of the prosecution is that, Since the petitioner did not appear before the trial Court on 14.07.2025 for hearing, he was arrested and remanded to judicial custody on 01.09.2025 by the respondent-police pursuant to the Non Bailable Warrant issued against him on 14.07.2025 for the aforementioned offences. Hence, the case.

4. Mr.P.Muthamizhselvakumar, the learned counsel for the petitioner submits that the petitioner / A8 is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been in judicial custody since 01.09.2025 and till date he is under incarceration. He further submits that there are two previous cases to the credit of the petitioner and in both the cases he was granted bail. He further submits that due to unforeseen circumstances, the petitioner was unable to appear before the trial Court on 14.07.2025 and hence the Non Bailable Warrant was issued against him and he was arrested and remanded to judicial custody on 01.09.2025. He further submits that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. He therefore prays to grant bail to the petitioner.

5. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal Side) appearing for the respondent-police reiterated the prosecution case and submits that totally there are 8 accused in this case and the petitioner is arrayed as A8. He further submits that there are two previous cases pending against the accused, however, in both the cases he was granted bail. He further submits that the case is now posted for examination of the Investigating Officer. Accordingly, he prays for the dismissal of this petition. 6.Heard on both sides. This Court has perused the materials available on record.

7.This is a case of jumped bail. Petitioner is facing Sessions Trial in S.C.No.107 of 2021. When the case was posted on 14.07.2025, he failed to appear before the Trial Court. Hence, learned Sessions Judge issued NonBailable Warrant on 14.07.2025 and the same was executed on 01.09.2025. It is stated that the petitioner was unable to contact his counsel to appear and recall the warrant. The petitioner has permanent residence. Therefore, there is less possibility of absconding. Considering the same and also considering the facts and circumstances of the case, the offence alleged against the petitioner and taking note of the fact that though there are two previous cases against the petitioner, in both the cases, he was granted bail and also considering the period of incarceration undergone by the petitioner, this Court is of the view that

further custody of the petitioner is not necessary in this case. Hence, 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 learned V Additional Judge, City Civil Court, Chennai. (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 V Additional Judge, City Civil Court, Chennai shall obtain a copy of any one of their identity proofs to ensure their identity. (iii) The petitioner shall appear and sign before the V Additional Sessions Court, Chennai daily at 10.00 a.m. till the completion of the trial.

(iv) The petitioner shall furnish his residential address and mobile numbers to the V Additional Judge, City Civil Court, Chennai.

(v) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNSS, 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 de facto complainant, victims, and witnesses. (ix) The petitioner shall not enter into the de facto complainant's house or his work place.

(x) The petitioner shall not try to contact the de facto complainant, victims, and witnesses either directly or through any electronic mode.

(xi) On breach of any of the aforementioned conditions, the V Additional Judge, City Civil Court, Chennai 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].

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

21-05-2026 Index: Yes/No Speaking/Non-speaking order rap 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.

rap To 1.

The V Additional Judge, City Civil Court, Chennai 2.

The V Additional Sessions Court, Chennai 3.

The Superintendent of Prisons, Central Prison, Puzhal.

4.

The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai District.

5.

The Public Prosecutor, Madras High Court.

CRL OP No. 13580 of 2026 21-05-2026