Gokula Kannan v. State Of Tamilnadu Rep By Inspector Of Police, Dcb
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Gokula Kannan ... Petitioner/Accused Vs State of Tamilnadu Rep by, The Inspector of Police, DCB Police Station, Kanniyakumari District.
Crime No. 54 of 2012.
... Respondent/Complainant For Petitioner : Mr.B.Micheal Sebastin, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner on bail in connection with Non Bailable Warrant issued against him in C.C. No. 83 of 2016 on the file of the Learned Judicial Magistrate No.1, Nagercoil, Kanyakumari 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 19.01.2026 for the offences punishable under Sections 465, 468, 471, 379 of IPC @ 465, 468, 471, 379, 120(b), 4(1)(a) r/w. 21(i) of Mines and Minerals (Development and Regulation) Act, 1957, and 36 (A) of Tamil Nadu Mines and Minerals Concessions Rule, 1959, in C.C.No. 83 of 2016 on the file of the learned Judicial Magistrate No.1, Nagercoil, Kanyakumari District, seeks bail.
2. The case of the prosecution is that the petitioner failed to appear before the Trial Court. Based on the non-appearance of the petitioner, the Trial Cuort issued a non-bailable warrant against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 19.01.2026. Hence, he seeks bail to the petitioner.
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4. The learned Additional Public Prosecutor submitted that the petitioner had jumped bail, and a non-bailable warrant was issued against him. The petitioner was remanded to judicial custody on 19.01.2026. Therefore, he opposed the grant of bail to the petitioner.
5. Taking into consideration of the fact that the petitioner has jumped 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:
6. 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Nagercoil, Kanniyakumar 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. 3/6
[b] the petitioner shall report before the Trial Court once in a week on every Monday at 10.30 a.m., until further orders and he shall attend the trial on all hearing 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.
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TO
1. Judicial Maigstrate No.I, Nagercoil, Kanniyakumar District.
2. The Superintendent, Sub Jail, Nagercoil Kanniyakumar District.
2. The Inspector of Police, DCB Police Station, Kanniyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY,J jbr
ORDER
IN CRL OP(MD) No.3116 of 2026 Date : 16/02/2026 6/6