Dani @ Rajesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2025

CORAM

THE HONOURABLE JUSTICE K.RAJASEKAR Crl.O.P.No.31624 of 2025 Dani @ Rajesh ... Petitioner Vs.

State of Tamilnadu rep by The Inspector of Police, H6 R.K.Nagar Police Station, R.K.Nagar, Chennai.

... Respondent (Cr.No.28 of 2018) PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail concerned in S.C.No.493 of 2025 on the file this Court. For Petitioner : Mr.R.Dhanasekar 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 24.07.2025, for the offences punishable under Section 126(2), 191(3) and 1/4

103 of BNS in Crime No.28 of 2018, registered on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner was earlier arrested and released on bail in this case, and even after the PRC stage also he was attending till 28.12.2018. Thereafter, he was released on bail. However, he did not comply with the condition and jumped bail. On 25.01.2019, Non Bailable Warrant was issued against him. Subsequently, the case against A3 was split up and separate number was assigned as PRC.No.67 of 2022. Since the petitioner was absconded, again, the case was split up against this petitioner alone in PRC.No.12 of 2024. Thereafter, the Non Bailable Warrant was executed on 24.07.2025. Now the case is posted on 08.01.2026 for examination of witnesses.

3.

The learned counsel appearing for the petitioner submitted that 2/4

earlier, after he was released on bail, there was no service of summons. Hence, he was not aware of the PRC. Hence, he prayed for grant of bail to the petitioner.

4. However, the report of the Trial Court reveals that this petitioner appeared even at the stage of PRC, and only thereafter he was released on bail. Since the petitioner absconded for nearly five years, and the case is posted for examination of witnesses, further it is stated that the petitioner is also having previous cases, I am not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to move the Court after examination of material witnesses.

01.12.2025 mpa To 1.The Inspector of Police, H6 R.K.Nagar Police Station, R.K.Nagar, Chennai.

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2. The Public Prosecutor, High Court of Madras.

K.RAJASEKAR , J.

mpa 4/4

Crl.O.P.No.31624 of 2025 01.12.2025 5/4