Thiruvalarselvam@Selvam v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33951 of 2025 Thiruvalarselvam @ Selvam Petitioner Vs The State Represented by The Inspector of Police, Alangiam Police Station, Tiruppur District.

Crime No.561 of 2021.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.185 of 2022 pending on the file of III Additional District and Sessions Judge, Dharapuram, in Crime No.561 of 2021. For Petitioner:

Mr.A.Saranraj For Respondent:

Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.08.2025 for the alleged offence punishable under Sections 342, 114, 109, 120(b), 147, 148, 302 of IPC and 83(2) JJP Act, in Crime No.561 of 2021 on the file of the respondent police, seeks bail.

2. Earlier, this Court dismissed the earlier bail petition in Crl.OP.No.26032 of 2025 dated 22.09.2025 on the following reasons: "Recording the submission of the learned Government Advocate (Crl.Side) and also the order of the trial Court that the petitioner is a habitual offender and the Non-Bailable Warrant was issued and executed and it has been recorded by the trial Court that this is a third occasion petitioner has jumped bail. Since there is no change in circumstances after dismissal of the earlier bail petition, this Court is not inclined to grant bail to the petitioner".

3. Learned counsel appearing for the petitioner submitted that despite the earlier dismissal of the bail petition, this is the fourth bail application and the petitioner is in judicial custody from 06.08.2025 and now the trial is progressing. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is a habitual offender and that

NBW was issued and executed, and it has ben recorded by the trial Court that this is a third occasion petitioner has jumped bail. He further submitted that PW.1 and P.W.2 have already been examined and posted for other witnesses. Hence, he opposed to grant bail to the petitioner.

5. Considering the submissions made by the learned counsel on either side, the fact that the trial is progressing and taking into account the fact that the petitioner is in judicial custody since 06.08.2025, this Court is inclined to grant bail to the petitioner with certain conditions.

6. 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 III Additional District and Sessions Judge, Dharapuram, Tiruppur 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 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.

11.12.2025 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 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 III Additional District Sessions Judge, Dharapuram, Tiruppur District.

2.The Inspector of Police, Alangiam Police Station, Tiruppur District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.33951 of 2025 11.12.2025