← Library
Madras High CourtCRL OP/23884/2025granted

Mugilan v. The State By, The Inspector Of Police,

2025-08-29Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HON'BLE MR JUSTICE N.SATHISH KUMAR Crl.O.P.No.23884 of 2025 Mugilan ... Petitioner Vs.

The State represented by its The Inspector of Police, Kandamangalam Police Station, Villupuram District.

(Crime No.1323 of 2020) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in SC No.164 of 2025 pending investigation on the file of the learned Additional Sessions Judge at Villupuram.

For Petitioner :

Mr.A.Anandharaj For Respondent :

Mr.L.Baskaran Government Advocate (Criminal Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 18.05.2025, for the alleged offence under Section 397 of I.P.C. in Crime No.1323 of 2020, registered on the file of the respondent, seeks bail. 1/7

2.The learned counsel for the petitioner submits that an NBW was issued against this petitioner on 24.07.2025 for his non appearance, and he was arrested on 18.05.2025. He further submits that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

3.The learned Government Advocate (Criminal side) appearing for the respondent Police submits that there are a total of four accused in this case, in which the petitioner has been arrayed as A4. He further submits that an NBW was issued against him on 24.07.2025 in S.C.No.164 of 2025 by the learned Sessions Judge, Villupuram and the same was executed on 18.05.2025. Hence, opposed for grant of bail to the petitioner.

4.Heard the learned counsels on either side and perused the records. 5.Considering the facts and circumstances of the case, the submissions made by the learned counsels on either side and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 2/7

6.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 Additional Sessions Judge, Villupuram, 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 learned Additional Sessions Judge, Villupuram daily at 10.30 a.m. until further orders;

[c] 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];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 3/7

29.08.2025 ep 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. 4/7

To 1.The Additional Sessions Judge, Villupuram.

2.The Inspector of Police, Kandamangalam Police Station, Villupuram District.

3. The Superintendent, Central Prison, Villupuram.

4. The Public Prosecutor, High Court of Madras.

5/7

N.SATHISH KUMAR , J.

ep Crl.O.P.No.23884 of 2025 6/7

29.08.2025 7/7