Dhanapandi v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Dhanapandi ... Petitioner Vs The State of Tamil Nadu Rep By, The Inspector of Police, Subramaniyapuram Police Station, Madurai District.
Cr.No.479 of 2021.
... Respondent/Complainant For Petitioner : T.Maharanathan, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-38B.To enlarge the petitioner in S.C.No.324 of 2024 pending on the file of the learned I Additional District and sessions Judge, Madurai and thereby render justice.
ORDER : The Court made the following order :- 1/6
The petitioner, who was arrested and remanded to judicial custody on 21.02.2024 based on the NBW issued by the trial Court, for the offences punishable under Sections 413, 379 r/w 34 of IPC, in Crime No.479 of 2021 on the file of the respondent police, which was taken on file as S.C.No.324 of 2024, seeks bail.
2. The learned counsel for the petitioner submitted that the petitioner was regularly appeared before the trial Court. On 21.02.2024, due to severe health illness, the petitioner was not able to attend the trial Court. Hence, the trial Court issued NBW against the petitioner and he is in judicial custody from 21.02.2024. Hence, he seeks bail to the petitioner.
3. The learned Additional Public Prosecutor submitted that the petitioner has jumped out of bail during trial and thereafter he was secured through NBW on 21.02.2024. Hence, he opposed for grant of 2/6
bail to the petitioner.
4. Taking into consideration of the facts and circumstances of the case and the petitioner is jumped out of bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Madurai, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;
the petitioner shall report before the trial Court daily and for all hearing 3/6
dates without fail;
[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond 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 is 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 BNS.
20.01.2026 PJL 4/6
TO
1. Judicial Magistrate No.IV, Madurai.
2. Do-Through The Chief Judicial Magistrate, Madurai District.
3. The Superintendent, Central Prison, Theni.
4. The Inspector of Police, Subramaniyapuram Police Station, Madurai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J PJL
ORDER
IN CRL OP(MD) No.911 of 2026 Date : 20/01/2026 6/6