Raja @ Mothan v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2025
CORAM
THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.28899 of 2025 Raja @ Mothan ... Petitioner Vs.
The State represented by The Inspector of Police, Gudiyattam Town Police Station, Vellore District.
... Respondent (Cr.No.317 of 2019) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Cr.No.317 of 2019 on the file of the respondent police. For Petitioner : Mr.C.Raghavan 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 01.08.2025 for the alleged offence under Sections 294(b), 341 and 307 of IPC in Crime No.317 of 2019 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that earlier he was arrested and released on bail. He has regularly appeared in S.C.No.342 of 2023 on 1/6
the file of the learned Additional District Judge (FTC), Vellore. He was arrested, based on the issuance of P.T warrant on 01.08.2025 and he is in custody in this case. Hence, this petition.
3. The learned counsel appearing for the petitioner submitted that the petitioner was regularly appearing before the trial court and on 26.07.2025, the petitioner was arrested in connection with another case and hence, he was not able to appear before the trial Court. Thereafter, based on the PT warrant issued, the petitioner was arrested in this case also. Hence, the petitioner is in custody from 01.08.2025 in this case. She further submitted that in the subsequent case registered against the petitioner, he was granted bail and prays to grant bail.
4. The learned Government Advocate (Criminal Side) appearing for the respondent police reiterated the prosecution case and reported that the petitioner is having six previous cases. On 26.07.2025, this petitioner is involved in another case and hence, he was arrested and detained under Act 14 of 1982, and in this case based on P.T.Warrant, once again this petitioner was arrested and remanded to judicial custody. Now, the case is posted for examination of Witnesses. Hence, he opposed to grant bail to the petitioner.
5. Heard both sides and perused the materials available on record. 2/6
6. Considering the fact that the petitioner was earlier regularly appearing and he was arrested in another case and therefore he was not able to appear in this case, subsequently based on the P.T warrant, he was produced before the trial court and once again he was remanded, I am inclined to grant bail to the petitioner with 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, for a like sum to the satisfaction of the learned Judicial Magistrate, Gudiyattam 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 report before the learned learned Judicial Magistrate, Gudiyattam on all working days at 10.30 a.m., for period of three weeks and thereafter as and when required for 3/6
interrogation;
[c] 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];
[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 30.10.2025 Vv 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, Gudiyattam
2. The Inspector of Police, Gudiyattam Town Police Station, Vellore District.
3. The Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
K.RAJASEKAR , J.
Vv 5/6
Crl.O.P.No.28899 of 2025 30.10.2025 6/6