Ashok Raj v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.33882 of 2025 Ashok Raj Petitioner Vs The State Represented by The Inspector of Police, Mandarakuppam Police Station, Cuddalore District.
Crime No.62 of 2014.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in S.C.No.255 of 2023 pending on the file of the III Additional District and Sessions Court, Virudhachalam.
For Petitioner:
Mr.D.Ashokkumar For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.11.2025 for the alleged offences punishable under Sections 147, 148, 341, 336 & 435 of IPC in Crime No.62 of 2014 on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he was involved in the offences under Sections 147, 148, 341, 336 & 435 of IPC. Earlier, the petitioner was arrested and released on bail. Subsequently, he failed to appear before the Trial Court on 05.06.2025, pursuant to which a non bailable warrant was issued and on execution of non-bailable warrant, the petitioner was arrested and remanded to judicial custody on 01.11.2025.
3. Learned counsel appearing for the petitioner submitted that the petitioner is in judicial custody since 01.11.2025. He further submitted that due to illness, the petitioner was unable to appear before the trial Court on 05.06.2025, 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 there are totally 18 accused in this case and the petitioner herein is ranked as A6. He further submitted that the petitioner has one previous case, similar in nature pending against him. He further submitted that the case is now posted for examination of 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 petitioner was absent on 05.06.2025 and that the non-bailable warrant was executed on 01.11.2025, the period of his incarceration, and though it is stated that the petitioner has one previous case and now the case is posted for examination of witnesses, 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 Court, Virudhachalam, 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.
18.12.2025 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 and Sessions Court, Virudhachalam.
2.The Inspector of Police, Mandarakuppam Police Station, Cuddalore District.
3.The Superintendent, Central Prison, Cuddalore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.33882 of 2025 18.12.2025