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Madras High CourtCRL OP/33455/2025granted

Dinesh v. The State By, The Inspector Of Police,

2025-12-17Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2025

CORAM

THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33455 of 2025 Dinesh Petitioner Vs The State Represented by The Inspector of Police, Vellore North L & O Police Station, Vellore District.

Crime No.48 of 2022.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.48 of 2022 on the file of the respondent police. For Petitioner:

Mr.S.Silambuselvan For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody

on 31.10.2025 for the alleged offence punishable under Sections 296(b), 307, 506(ii) of IPC, in Crime No.48 of 2022 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he is ranked as A1 in this case. Earlier, the petitioner was arrested and released on bail. Subsequently, he failed to appear before the Trial Court on 27.10.2025, pursuant to which a non bailable warrant was issued and on execution of NBW, the petitioner was arrested and remanded to judicial custody on 31.10.2025.

3. Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 31.10.2025. He further submitted that due to illness, the petitioner was unable to appear before the trial Court on 27.10.2025, which resulted in the issuance of a non-bailable warrant against him. He further submitted that he is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the case is now posted for arguments, that the prosecution side witnesses have

already been examined and closed, and that the petitioner is not cooperating for the conclusion of the trial. Hence, he opposed to grant bail to the petitioner.

5. Considering the nature of the offences, the fact that the petitioner is absent for one hearing on 27.10.2025 and NBW was executed on 31.10.2025 and also considering the period of his incarceration, 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 her 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 Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Vellore, 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 four

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.

17.12.2025 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 Sessions Judge, Magalir Neethi Mandram, (Fast Track Mahila Court), Vellore.

2.The Inspector of Police, Vellore North L & O Police Station, Vellore District.

3.The Superintendent, Central Prison, Vellore.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.33455 of 2025 17.12.2025