Thamu @ Thamotharan v. The State Represented By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2025 CORAM :

THE HON'BLE MR. JUSTICE K. RAJASEKAR Thamu @ Thamotharan ... Petitioner -vsState Rep by, The Inspector of Police, Velankanni Police Station, Nagapattinam District.

(Crime No.193 of 2010) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in C.CNo.117 of 2022 pending trial before the learned District Munsif Cum Judicial Magistrate Court, Kilvelur. For Petitioner :

Mr.S.N.Arunkumar For Respondent :

Mr.A.Gopinath, Government Advocate (Crl. Side) ********** 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.10.2025, for the alleged offence punishable under Sections 457 and 380 of IPC, in C.C. No.117 of 2022, pending trial before the learned District Munsif Cum Judicial Magistrate Court, Kilvelur, seeks bail. 2.This petitioner was earlier arrested and released on bail, and subsequently, he did not appear after receipt of summons after the case was taken on file in CC No. 208 of 2012. Subsequently, a Non-Bailable Warrant was issued against this petitioner. Thereafter, the case was also split up against this petitioner in the year 2014. Once again, the split-up case against this petitioner was clubbed with the main case, and now the case is re-numbered and pending in CC No. 117 of 2022 on the file of the District Munsif Cum Judicial Magistrate Court, Kilvelur. The report of the Judicial Magistrate revealed that the petitioner was arrested on execution of the Non-Bailable Warrant, and examination of witnesses is progressing.

3.Considering the above facts, I am inclined to grant bail to the petitioner, on the following conditions:

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4. 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 District Munsif Cum Judicial Magistrate Court, Kilvelur, 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 Trial Court daily at 10.30 a.m., for a period of three weeks; [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 3/5

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.

18.11.2025 mpa 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 District Munsif Cum Judicial Magistrate Court, Kilvelur. 2.The Inspector of Police, Velankanni Police Station, Nagapattinam District.

3.The Sub Jail, Nagapattinam.

4.The Public Prosecutor, High Court, Madras.

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K. RAJASEKAR, J.

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