Kanthan v. State Represented By The Inspector Of Policeq
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-12-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP NO.34881 of 2025 Kanthan Petitioner Vs The State Represented by The Sub Inspector of Police, Sunguvarchatram Police Station, Kancheepuram District.
Crime No.61 of 2019.
Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner in Crime No.61 of 2019 on the file of the respondent police. For Petitioner:
Mr.G.Balamanikandan For Respondent:
Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 11.11.2025, for the alleged offence punishable under Sections 341, 307, 506(ii) of IPC, in Crime No.61 of 2025, on the file of the respondent police, seeks bail.
2. The allegation against the petitioner is that he was involved in an offence of attempt to murder. Earlier, the petitioner was arrested and released on bail. Thereafter, he appeared before the trial Court till the year 2020. Subsequently, he absconded and jumped bail, pursuant to which a non bailable warrant was issued and on execution of NBW, the petitioner was arrested and remanded to judicial custody on 11.11.2025.
3. Learned counsel appearing for the petitioner submitted that the petitioner had earlier been released on bail and that during the pandemic period, he was unable to appear before the trial Court, which resulted in the issuance of Non Bailable Warrant. He further submitted that the petitioner is in judicial custody since 11.11.2025 and is ready to produce a blood relative as surety and to co-operate with the trial process. 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 is not having any bad antecedents and that the petitioner was
absconded for nearly five years. He further submitted that the case is now posted for framing of charges. Hence, he opposed to grant bail to the petitioner.
5. Considering the submissions made by the learned counsel on either side, though the petitioner had absconded for nearly five years and the petitioner is not having any previous case and 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 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 Principal District and Session Judge, Kancheepuram, 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 three
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.
19.12.2025 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 Principal District and Session Judge, Kancheepuram.
2.The Sub Inspector of Police, Sunguvarchatram Police Station, Kancheepuram District.
3.The Superintendent, Central Prison, Vellore.
4.The Public Prosecutor, High Court, Madras.
K.RAJASEKAR, J., drl CRL OP NO.34881 of 2025 19.12.2025