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Madras High CourtCRL OP/34248/2025granted

A.Manivel v. The State Of Tamil Nadu Rep By The Inspector Of Police

2025-12-15Honourable Mr.Justice K.Rajasekar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2025

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR CRL.O.P.No.34248 of 2025

1. A.Manivel

2. M.Ramya ... Petitioners

Versus

The State rep by its, The Inspector of Police, All Women Police Station, Jayankondam, Ariyalur District.

(Crime No.10 of 2023) ... Respondent Prayer:- Criminal Original Petition filed under Section 483 of B.N.S.S., to enlarge the petitioner on bail in S.C.No.51 of 2023, on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur. For Petitioner :

Mr.S.Barathaambethkar For Respondent :

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

O R D E R

The petitioners were arrested on 07.11.2025, on execution of NonBailable Warrant issued by the learned Sessions Judge, Fast Track Mahila Court, Ariyalur for the offence under Sections 313, 201 of IPC pending trial in S.C.No.51 of 2023 in respect of crime No.10 of 2023 on the file of the 1/6

respondent police, seeks bail.

2.The allegation against the petitioners is that the petitioners were earlier arrested and subsequently, they were granted bail. After the case was committed to the Sessions Court, they regularly appeared in S.C.No.51 of 2023 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur. Due to non appearance of the petitioners before the trial Court, NBW was issued against them on 03.09.2025 and on execution of NBW, the petitioners were arrested and remanded to judicial custody on 07.11.2025. 3.The learned counsel appearing for the petitioners would submit that the petitioners are accused facing trial in S.C.No.51 of 2023 on the file of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur.

He further submitted that the petitioners due to illness, was unable to appear before the Court, thereby the learned Magistrate had issued Non Bailable Warrant against them on 03.09.2025 and the petitioners were in judicial custody from 07.11.2025. Hence, he prayed to grant bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners failed to appear before the concerned Court on 03.09.2024, pursuant to which a NBW was issued against them. He further submitted that the case is now posted for examination of witnesses and the next hearing date is 18.12.2025.

5. Heard both sides and perused the materials available on record. 2/6

6. Considering the fact that the petitioners were already granted bail and thereafter, due to their non appearance before the Trial Court, NBW was issued and the same has been executed, and now the case is posted for examination of witnesses and that the petitioners are not having any previous cases and considering the period of his incarceration, this Court is inclined to grant bail to the petitioners subject to the following conditions: 7.

Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Ariyalur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioners shall report before the Trial Court for a period three weeks, and thereafter as and when required for interrogation;

[c] the petitioners shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioners shall not directly or indirectly 3/6

cause any threat to the de facto complainant and witnesses;

[e] the petitioners to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioners in accordance with law as if the aforementioned conditions have been imposed and the petitioners 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.

15.12.2025 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.

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To 1.The Sessions Judge, Fast Track Mahila Court, Ariyalur.

2. The Inspector of Police, All Women Police Station, Jayankondam, Ariyalur District.

3.The Superintendent, Central Prison, Trichy.

3.The Public Prosecutor, High Court, Madras.

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K.RAJASEKAR, J.

drl CRL.O.P.No.34248 of 2025 15.12.2025 6/6