Elango @ Ela v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Elango @ Ela ... Petitioner -VsState Rep by, The Inspector of Police, Tiruvalam Police Station, Vellore District.
(Crime No.295 of 2020) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS Act, 2023, pleased to enlarge the petitioner on bail in connection with S.C.No.57 of 2025 on the file of the 1st Additional District and Sessions Judge, Vellore, Vellore District.
For Petitioner :
Mr.A.Vijaya Kumar For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.03.2025, pursuant to the non-bailable warrant issued against him on 1/7
14.02.2025, in S.C.No.57 of 2025, pending on the file of the 1st Additional District and Sessions Judge, Vellore, in connection with Crime No.295 of 2020 registered for the alleged offence punishable under Sections 302 (3 counts), 201, 120B of IPC, seeks bail.
2. The allegation against the petitioner is that the petitioner was originally arrested and released on bail for the offences under Sections 302(2 counts), 201, 120 B of IPC. He subsequently appeared before the 1st Additional District and Sessions Judge, Vellore, but later absconded, resulting in the issuance of a Non Bailable Warrant on 14.02.2025. The said warrant was executed on 27.03.2025 and thereafter, the petitioner is in judicial custody.
3. Learned counsel appearing for the petitioner submitted that the petitioner is in custody for nearly seven months and after execution of the Non Bailable Warrant and that there is no progress in the trial. He further submitted that the petitioner is in custody from 27.03.2025. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that totally there are 8 accused in this case and due to the non appearance of the accused, the trial is scrolled. He further submitted that the petitioner has 15 previous cases pending against him. Hence, he opposed for the grant of bail to the petitioner. 2/7
5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the fact that the petitioner is in custody for nearly seven months without any progress in the trial, the submissions made by the learned counsel on either side, this Court is of the view that the petitioner is entitled for bail, though it is stated that the petitioner is having bad antecedents and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
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, for a like sum to the satisfaction of the learned 1st Additional District and Sessions Judge, Vellore, Vellore District, 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 Court daily at 10.30 a.m., for a period of three weeks and 3/7
thereafter as and when required for interrogation. [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 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.
21.11.2025 drl 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 4/7
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 1st Additional District and Sessions Judge, Vellore, Vellore District.
2.The Inspector of Police, Tiruvalam Police Station, Vellore District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
drl 6/7
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