Santhanvel v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR Crl.O.P.No.27503 of 2025 Santhanvel ... Petitioner Vs.

State Rep by The Inspector of Police Vandhavasi Police Station Tiruvannamalai District.

Crime No.567 of 2018.

... 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.59 of 2024 on the file of the Additional District Judge (FTC), Arni, Tiruvannamalai District in Crime No.567 of 2018. For Petitioners : M/s.M.Sathish Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 10.07.2025, pursuant to a non-bailable warrant issued in S.C.No.59 of 2024 on the file of Additional District Judge (FTC), Arni, Tiruvannamalai District, for the offences punishable under Sections 302, 201 and 109 of IPC 1/6

in Crime No. 567 of 2018, on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that the petitioner is involved in the case of murder and earlier he was regularly appeared before the Trial Court. On 08.11.2024, the petitioner had not appeared before the Trial Court and hence, NBW was issued against him on 08.11.2024 and the same was executed on 10.07.2025. Hence, the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner was arrested in connection with another case in Crime No.42 of 2025 on the file of Vadavanakampadi police station and hence, he was not able to appear before the Trial Court. He submits that the petitioner was enlarged on bail in that case in Crl.MP.No.4343 of 2025 vide order dated 08.07.2025. He further submitted that the petitioner is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner.

4.

The learned Government Advocate (Crl. Side) appearing for the respondent while opposing the bail to the petitioner reiterated the prosecution case and stated that it is a jumped bail and totally there are 2 accused in this case and the petitioner has been arrayed as A1. He also submits that there are 10 previous cases pending against him. 2/6

5.

Considering the facts and circumstances of the case, the allegation against the petitioner, considering the fact that the petitioner was already arrested and released on bail and subsequently, NBW was issued since he had not appeared before the Trial Court in the present case due to involvement in another case, 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.20,000/- (Rupees Twenty Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate Vandhavasi, Tiruvannamalai District 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 appear before the Trial Court on all hearing dates without fail.

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to 3/6

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.

08.10.2025 nr 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.

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To

1. The Judicial Magistrate Vandhavasi, Tiruvannamalai District.

2. The Inspector of Police Vandhavasi Police Station Tiruvannamalai District.

4. The Superintendent, Vellore,Vellore District.

5. The Public Prosecutor High Court, Madras.

K.RAJASEKAR , J.

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Crl.O.P.No.27503 of 2025 08.10.2025 6/6