Sakthivel v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2025

CORAM

THE HONOURABLE MR JUSTICE K. RAJASEKAR CRL OP NO.28158 of 2025 Sakthivel ... Petitioner Vs The State rep. by, The Inspector of Police, Mannargudi Town Police Station, Tiruvarur District, (Crime No.234 of 2015) ... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant bail to the petitioner/accused in S.C.No.3 of 2022 on the file of the Hon'ble Sessions Judge, Fast Track Mahila Court, Tiruvarur pending trial For Petitioner(s) :

Mr. Swamisubramanian For Respondent(s) :

Mr. A. Gopinath Government Advocate (Crl. Side) ******* 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.09.2025 on execution of NBW in S.C.No.03 of 2022 pending on the file of the Sessions Judge, Fast Trak Mahila Court, Tiruvarur registered for the offences punishable under Sections 147,148,149,294(b), 332,333, 506(ii), 307 of Indian Penal Code and Section 3(1) of TNPPDL Act in Crime No.234 of 2015 on the file respondent police, seeks bail. 2.

The learned counsel appearing for the petitioner submitted that originally the petitioner was earlier arrested and released on bail and was regularly appearing before the Trial Court for the case in S.C.No.03 of 2022 and due to his non-appearance before the Trial Court NBW was issued as against the petitioner. However, the petitioner has voluntarily surrendered on 17.09.2025. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and sought for bail to the petitioner.

3.

The learned Government Advocate (Criminal Side) appearing 2/6

for the respondent while opposing the bail to the petitioner submitted that there are totally 24 accused and the petitioner has voluntarily surrendered and remanded was issued by the Trial Court.

4. Considering the period of incarceration undergone by the petitioner and the fact that the petitioner surrendered, this Court is inclined to grant bail to the petitioner with certain conditions. 5.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Tiruvarur 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 concerned daily at 10:30 a.m., for a period of three 3/6

weeks and thereafter, on all hearing dates without fail; [c] the petitioner shall not directly or indirectly cause any threat to the defacto complainant and witnesses and shall not tamper with evidence or witness either during investigation or trial;

[d] the petitioner shall make himself available for interrogation by a Police officer as and when required; [e] the petitioner shall not abscond either during investigation or trial;

[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 FIR can be registered under Section 269 of B.N.S. 15.10.2025 smn 4/6

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 Sessions Judge, Fast Track Mahila Court, Tiruvarur

2. The Inspector of Police, Mannargudi Town Police Station, Tiruvarur District,

3. The Superintendent, District Prison, Nagapattinam

4. The Public Prosecutor, High Court of Madras.

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K. RAJASEKAR, J.

smn Crl.O.P. No.28158 of 2025 15.10.2025 6/6