Maharajan v. State Of Tamilnadu Rep By Inspector Of Police, Serndamaram
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Maharajan, S/o.Murugan, 7/98 A, Athananallur, Tirunelveli District..
... Petitioner/Accused Vs State of Tamilnadu Rep by In, Spector of Police, Serndamaram, Police Station, Tirunelveli District.
(Crime No. 102/2014).
... Respondent/Complainant For Petitioner : Mr.M. Sathish Kumar, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-38 B. To enlarge the petitioner on bail in SC No. 20/2025 on the file of the Learned Chief Judicial Magistrate, Tenkasi, Tenkasi District and thus render justice.
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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 11.01.2026 based on the NBW issued by the trial Court, for the offences punishable under Sections 394, 395 and 397 of IPC, in Crime No.102 of 2014 on the file of the respondent police, which was taken on file as S.C.No.20 of 2025, seeks bail.
2. The learned counsel for the petitioner submitted that the petitioner was regularly appeared before the trial Court. Due to severe health illness, the petitioner was not able to attend the trial Court on the date fixed for hearing. Hence, the trial Court issued NBW against the petitioner and he is in judicial custody from 11.01.2026. Hence, he seeks bail to the petitioner.
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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 11.01.2026. He further submitted that there are 25 previous cases pending against the petitioner. Hence, he opposed for grant of 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 3/7
with two sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tenkasi, Tenkasi District, 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 Morning at 10.30 a.m., and for all hearing dates without fail and report before the respondent Police daily evening at 05.30 p.m, until further orders and any relaxation petition will not be considered for next two months;
[c] the petitioner shall not tamper with the evidence or witness either 4/7
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.
(S S Y J) 30.01.2026 VSG 5/7
TO 1.The Chief Judicial Magistrate, Tenkasi, Tenkasi District.
2.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
3.The Inspector of Police, Serndamaram, Police Station, Tirunelveli District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J., vsg
ORDER
IN CRL OP(MD) No.1747 of 2026 Date : 30/01/2026 7/7