Velusamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-10-2025

CORAM

THE HONOURABLE MR. JUSTICE N. SENTHILKUMAR CRL OP NO.27437 of 2025 Velusamy ... Petitioner/Accused Vs State rep. by, The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

(Crime No.622 of 2017).

... Respondent(s) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to enlarge the petitioner on bail in C.C.No.50 of 2022 on the file of the learned Judicial Magistrate No.I, Virudhachalam.

For Petitioner : Mr.C.T.Saravanan For Respondent : Mr. V.J.Priyadarsana Government Advocate (Crl. Side) ****** 1/6

ORDER

The petitioner, seek bail in C.C.No.50 of 2022 on the file of Judicial Magistrate No.I, Virudhachalam, in connection with Crime No.622 of 2017 for the offences punishable under Sections 419, 420 of IPC.

2. It is a case of jumped bail. The petitioner is an accused in C.C.No.50 of 2022 on the file of Judicial Magistrate No.I, Virudhachalam, The petitioner was already granted bail, however, due to non appearance before the Court, Non Bailable Warrant has been issued against him on 15.10.2022 and the same was executed on 08.07.2025.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was unable to appear before the Trial Court due to lung infection, as a result of non appearance, NBW was issued against them on 15.10.2022. He further submitted that the petitioner has been in custody from 08.07.2025. Hence, he prays for grant of bail to the petitioner.

2/6

4. Learned Government Advocate (Crl. Side) for the respondent submitted that the petitioner was already granted bail and due to non appearance, NBW was issued against the petitioner and the petitioner was secured only on 08.07.2025. He further submits that the case is now posted for examination of witnesses. However, he vehemently opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering that the petitioner was already granted bail and thereafter, due to his non appearance before the Trial Court, NBW was issued and the same has been executed, and the petitioner is in judicial custody from 08.07.2025 this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7. 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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Virudhachalam, 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 the concerned Judicial Magistrate on every Monday to Friday at 10.30.a.m., and appear before the respondent police on every Saturday and Sunday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the 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 4/6

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 269 B.N.S.

03.10.2025 drl/rna 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 official website of this Court will be watermarked and will also have a QR code.

To 1.The Judicial Magistrate No.I, Virudhachalam.

2.The Superintendent of Prison, Central Prison, Cuddalore.

3.The Inspector of Police, Virudhachalam Police Station, Cuddalore District.

4. The Public Prosecutor, High Court of Madras.

5/6

N. SENTHILKUMAR, J.

drl / rna Crl.O.P. No.27437 of 2025 03.10.2025 6/6