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Madras High CourtCRL OP/14702/2026granted

Vikram Agnihotri v. The State Rep By, The Inspector Of Police

2026-06-11Honourable Mr Justice G.K. Ilanthiraiyan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN Vikram Agnihotri Son of Jagdish Chandra Sharma (Late), No.E.702,aparna Towers, Kondapur,Hyderabad, Andhra Pradesh - 500 084 ..Petitioner(s) Vs The State Rep By, The Inspector of Police Central Crime Branch, Tambaram District,Tambaram.

Crime No.87/2013 ..Respondent(s) Prayer: Criminal Original Petition is filed under Section 483 of BNSS, To enlarge the petitioner/3rd Accused on bail in C.C.No.6 of 2014 pending trial on the file of JM-II, Chengalpattu and to pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Petitioner(s):

Mr. G.Prabhakaran For Respondent(s):

MR.S.Yogaraja Sekar, Counsel for Government of Tamilnadu (Crl.Side) For Intervenor:

Mr.R.Mohan Ranganathan

ORDER

The petitioner/A3, who was arrested and remanded to judicial custody on 13.05.2026 on execution of Non-Bailable Warrant issued by the learned Judicial Magistrate-II, Chengalpattu for the offence under Sections for the offence under Section 409, 420 406, r/w 34 of IPC / under Section 318(4) of BNS, 2023 in C.C.No.6 of 2014 in connection with Cr.No.87 of 2013 seeks bail. 2.According to the case of the prosecution is that initially, the petitioner was arrested and remanded to judicial custody. Subsequently, the petitioner was enlarged on bail. After the completion of investigation, final report has been filed and the same has been taken cognizance by the learned Judicial Magistrate Court-II, Chengalpattu in C.C.No.6 of 2024. Totally, there are three accused involved in this case, in which, the petitioner has been arrayed as 3rd accused. While pending trial, the petitioner herein and other accused persons, have approached this Court, to quash the entire proceedings. However, the

petition to quash proceedings filed by the petitioner was dismissed and the petition filed by second accused to quash the entire proceedings was allowed. Aggrieved against the same, the petitioner filed an appeal before the Hon'ble Supreme Court and the same was disposed of vide order dated 24.09.2024 in Cr.Appeal.No.3976 of 2024( @ SLP (Crl.) No.9203 of 2023. Hence, there was inordinate delay. In the meanwhile, the petitioner was also absent and failed to co-operate with the trial even from the year 2019 and as such the petitioner was issued Non Bailable Warrant and subsequently, he was secured once again. Even after the dismissal of the quash petition, he failed to appear before the trial court. Therefore, the trial Court issued Non Bailable Warrant on 10.04.2026 and on execution of Non Bailable Warrant, the petitioner was arrested and remanded to judicial custody on 13.05.2026.

3.The learned counsel appearing for the petitioner submits that on 13.05.2026 when the petitioner was arrested, he came to know about the final disposal on the above Crl.Ops and pendency of the Non Bailable Warrant as per the orders issued by the trial Court. Hence, he further submits that the nonappearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner.

4. The learned Counsel for the Intervenor submits that only because of the petitioner, the entire trial has been stalled. He further submits that the petitioner has failed to submit his original document and the petitioner has committed very serious offence and not as stated by the learned Counsel for the Petitioner as simple . However, the petitioner was enlarged on bail initially after his arrest. Now, he is jumped out the bail and the petitioner failed to appear before the trial court and the trial court has issued Non Bailable warrant as against the Petitioner. Later, the petitioner was secured and remanded to judicial Custody. Hence, he vehemently opposed to grant bail to the petitioner.

5. The learned Government Advocate (Crl.Side) submits that the presence of the petitioner before the trial court to be ensured to proceed with the trial. If bail is granted to the petitioner, it is very difficult to secure him. Hence, he vehemently opposed to grant bail to the petitioner.

6. Considering the overall facts and circumstances of the case, and also considering the period of incarceration undergone by the petitioner from the date of his arrest, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Chengalpattu and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before trial Court viz., learned Judicial Magistrate II, Chengalpattu daily at 10.30 a.m until further orders including all hearing dates.

[c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8. Further, the learned Judge is directed to complete the trial within a period of three months from the date of receipt of a copy of this order. 11-06-2026 VV 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.

To 1.The Judicial Magistrate No.II, Chengalpattu 2.The Inspector of Police, Central Crime Branch, Tambaram District, Tambaram.

3. The Chengalpattu District Jail 4.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J.

VV 11-06-2026