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Madras High CourtCRL OP/34609/2025granted

T.Selvam @ Jim Selvam v. The State Of Tamil Nadu Rep 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.34609 of 2025 T.Selvam @ Jim Selvam Petitioner Vs The State Represented by The Inspector of Police, Udumalaipettai Police Station, Tiruppur District.

Crime No.277 of 2022.

Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.277 of 2022 on the file of the respondent police. For Petitioner:

Mr.NA.Manimaran For Respondent:

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

ORDER

The petitioner, who was arrested and remanded to judicial custody

on 26.08.2025 for the alleged offence punishable under Sections 148, 294(b), 302, 109, 326, 307, 34, 149, 115 of IPC, in Crime No.277 of 2022 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he was involved in a case of murder. Earlier, the petitioner was arrested and released on bail. Subsequently, he failed to appear before the Trial Court on 08.07.2025 and absconded. A Non Bailable Warrant was issued and on execution of NBW, the petitioner was arrested and remanded to judicial custody on 26.08.2025.

3. Learned counsel appearing for the petitioner submitted that due to illness, the petitioner was unable to appear before the trial Court, which resulted in the issuance of Non Bailable Warrant on 26.08.2025 and he is in judicial custody since then. He further submitted that the petitioner 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 petitioner failed to appear before the concerned Court on 08.07.2025, pursuant to which a NBW was issued against him. He further submitted

that the case is now posted for framing of charges and the trial has not yet progressed. He further submitted that the petitioner has four previous cases, including chain snatching and other similar cases.

5. Considering the submissions made by the learned counsel on either side, the fact that the petitioner was absent on 08.07.2025 and that the NBW was executed on 26.08.2025, the period of his incarceration, and the fact that the petitioner was earlier arrested and released on bail, and though it is stated that the petitioner has four previous cases, which are not similar in nature, 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 IV Additional District Judge, Udumalaipettai, 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 IV Additional District Judge, Udumalaipettai.

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

3.The Superintendent, District Prison, Ramanathapuram.

4.The Public Prosecutor, High Court, Madras.

K.RAJASEKAR, J., drl CRL OP NO.34609 of 2025 17.12.2025