Seetharaman v. The State Rep By Its, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2025
CORAM
THE HONOURABLE MR. JUSTICE K.RAJASEKAR Seetharaman ... Petitioner Vs.
The State represented by The Inspector of Railway Police, Kalasapakkam Police Station, Tiruvannamalai District.
(Crime No.56 of 2023) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the Petitioner/Accused on bail in Spl.S.C.No.119 of 2023 pending trial on the file of the learned Special Court for Exclusive Trial of Cases under POSCO Act, Thiruvannamalai. For Petitioner :
Mr.E.Sathiyaraj For Respondent :
Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The petitioner was arrested on 19.07.2025, on execution of NonBailable Warrant issued by the learned Special Court for Exclusive Trial of Cases under POSCO Act, Thiruvannamalai, for the offence punishable under 1/6
Sections 366, 354D, 511, 341, 363, 366(A), 376(1) of IPC and Sections 7, 8, 4, 18, 11(iv) and 12 of POCSO Act, 2012, pending trial in Spl.S.C.No.119 of 2023 in respect of crime No.56 of 2023 on the file of the respondent police, seeks bail.
2. The petitioner herein earlier arrested and bail was dismissed by the Trial Court in Crl.M.P.No.113 of 2025 dated 21.08.2025. After the case was posted for committal to the Court of Sessions in Spl.S.C.No.119 of 2023 on the file of the learned Special Court for Exclusive Trial of Cases under POSCO Act, Thiruvannamalai, and on 12.03.2024, the petitioner did not appear before the Court. Hence, Non-Bailable Warrant (NBW) was issued. Thereafter, the respondent police arrested the petitioner and remanded to judicial custody on 19.07.2025.
3. Learned counsel for the petitioner submitted that the petitioner was working as a labourer in Kerala, hence he could not attend the hearing on 12.03.2024, thereby, a Non Bailable Warrant was issued, and the petitioner was formally arrested on 19.07.2025. He also submitted that the petitioner is ready to appear before the trial Court and and also he is ready to 2/6
co-operate for speedy disposal of the trial. Hence, he prays for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner has been arrested on 19.07.2025.
5. Heard both sides and perused the materials available on record.
6. Considering the fact that Non-Bailable Warrant (NBW) was issued on 12.03.2024, and that the petitioner was arrested on 19.07.2025, this Court is inclined to grant bail to the petitioner with certain conditions:
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 Special Court for Exclusive Trial of Cases under POSCO Act, Thiruvannamalai, 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 3/6
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 Trial Court for a period of three weeks, and thereafter 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];
[g] If the accused thereafter absconds, a fresh 4/6
FIR can be registered under Section 269 of B.N.S. 06.10.2025 cda 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 Special Court for Exclusive Trial of Cases under POSCO Act, Thiruvannamalai.
2.The Inspector of Railway Police, Kalasapakkam Police Station, Tiruvannamalai District.
3.The Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
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