Vadivel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.03.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Vadivel

...Petitioner/A3

Vs State of Tamil Nadu rep. by The Inspector of Police, Central Police Station, Thoothukudi District.

(Crime No.350 of 2019)

...Respondent/Complainant

For Petitioner:Mr.S.Meena Advocate.

For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 350 of 2019 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner / A3, who was arrested and remanded to judicial custody on 20.11.2025 for the offences punishable under Sections 109, 114, 120(B), 149, 212, 147, 148, 302, 449, 506(ii) and 294(b) of IPC, in Crime No.350 of 2019 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to retaliation, on 27.08.2019 at about 04.30 p.m., when the defacto complainant and her husband were present in their house, the petitioner herein along with other accused persons trespassed into the house and attacked the husband of the defacto complainant with deadly weapons, causing grievous injuries which resulted in his death. Hence, the complaint.

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3. It is not in dispute that since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued on 10.06.2025 and the same was executed on 20.11.2025 and he is still in judicial custody. 4.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

5. The learned Additional Public Prosecutor appearing for the respondent would submit that due to non-appearance, the Non-Bailable Warrant was issued against the petitioner. Hence, he strongly opposed to grant bail to the petitioner.

6. This Court heard both sides and perused the materials available on record.

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7. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued and though two previous cases are pending against the petitioner, in all cases the petitioner was granted bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 I Additional District Sessions Judge, 4/8

Thoothukudi, and on further conditions that:

[b] the petitioner shall report before the learned I Additional District Sessions Judge, Thoothukudi, on all working days at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[f] On breach of any of the aforesaid conditions, the learned Judicial 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(P D B J) 30.03.2026 vsg 6/8

To 1.The learned I Additional District Sessions Judge, Thoothukudi.

2.The Inspector of Police, Central Police Station, Thoothukudi District.

3. The Superintendent, District jail, Peraurani, Thoothukudi.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J vsg

ORDER

IN CRL OP(MD) No. 6262 of 2026 Date : 30.03.2026 8/8