Sankar Alias Sankar Bai v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Sankar @ Sankar Bai ... Petitioner/ Accused Vs.

The State of Tamil Nadu, Rep. by The Inspector of Police, Vengal Police Station, Tiruvallur District.

(Cr.No.292 of 2019) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.269 of 2025 on the file of the District Mahila Judge ( Fast Track Court) at the Tiruvallur District at Chennai. For Petitioner :

M/s.A.Samson For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 20.06.2025, seeks bail in S.C.No.269 of 2025 for the offence punishable under Sections 294(b), 341 read with Section 34, 307 read with Section 34, 392 read with Section 397 read with Section 34, 397 read with Section 34, 1/6

506(ii) read with Section 34 of IPC and under Section 4 of Tamil Nadu Prohibition Harassment of Woman Act read with Section 34 in connection with Crime No.292 of 2019, registered on the file of the respondent.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in S.C.No.269 of 2025 on the file of the District Mahila Judge ( Fast Track Court) at the Tiruvallur District at Chennai. He further submitted that since the petitioner was arrested in other case, he was unable to appear before the trial Court, and he was issued with the nonbailable warrant on 12.07.2023 and the same was executed on 18.03.2025 through P.T. Warrant. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that now, the petitioner has been granted bail in Crime No.181 of 2025 in Crl.M.P.Nos.6304, 6264 and 6283 of 2025 by the lower 2/6

Court on 11.07.2025 and directed the petitioner to appear before the Inspector of Police, Salem Town Police Station daily at 10.00.a.m., for 30 days except on the date of hearing and also to appear before the learned Magistrate on the date of the hearing in the above cases.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case, submissions made by the learned counsels on either side, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his 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 learned District Mahila Judge (Fast Track Court) at Tiruvallur, 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 3/6

copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the trial Court on all hearing dates without fail;

[c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] 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];

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 31.07.2025 sma 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.District Mahila Judge ( Fast Track Court) Tiruvallur.

2.The Inspector of Police, Vengal Police Station, Tiruvallur District.

3.The Central Prison, Puzhal II 4.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

sma 31.07.2025 6/6