Muthu v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2025 CORAM :
THE HON'BLE MR. JUSTICE K. RAJASEKAR Muthu ... Petitioner -vsState Rep by, The Inspector of Police, Hosur Town Police Station, Krishnagiri District.
(Crime No.347 of 2016) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in S.C.No.104 of 2018 pending trial on the file of the learned Additional District and Sessions Judge, Hosur, Krishnagiri District. For Petitioner :
Mr.A.Balamurugan For Respondent :
Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 02.08.2025, for the alleged offence punishable under Sections 120(B), 341, 364(A), 392, 392 r/w. 149, 148, 147, 302 r/w.149, 109 r/w.302 and 201 r/w.302 of IPC in Crime No.347 of 2016, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he was involved in the case of murder by joining hands with other accused and thereafter he was arrested and released on bail. Subsequently the case was committed to Sessions case and during the trial, this petitioner was jumped bail on 03.06.2025 and warrant was executed on 02.08.2025.
3. Learned counsel appearing for the petitioner submitted that the petitioner was regularly appearing before the trial Court and he was also regularly co-operated with the trial. He further submitted that he is ready to abide by any condition imposed by this Court and he will co-operate for completion of trial. Hence, he prayed for grant of bail to the petitioner.
4. Learned Government Advocate (Crl.Side) appearing for the respondent police reported that out of 62 witnesses, majority of the witnesses were examined in this case. Totally 10 accused in this case and the petitioner is ranked as A8 and also having 5 previous cases. Hence, he opposed for grant of bail to the petitioner.
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5. Heard both sides and perused the materials available on record including the First Information Report.
6. Considering the fact that the petitioner already been enlarged on bail and regularly appearing and Non Bailable Warrant issued on 03.06.2025 and on his absence, he was arrested on the strength of Non Bailable Warrant issued on 02.08.2025, I am 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.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Additional District and Sessions Court, Hosur, Krishnagiri 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. 3/6
[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.
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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 Additional District and Sessions Court, Hosur, Krishnagiri District. 2.The Inspector of Police, Hosur Town Police Station, Krishnagiri District.
3.The Superintendent of Police, Central Prison, Salem.
4.The Public Prosecutor, High Court, Madras.
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K. RAJASEKAR, J.
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