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Madras High CourtCRL OP(MD)/5610/2026dismissed

Seenivasan v. State Of Tamilnadu Rep By Inspector Of Police, Sattur Town

2026-03-18Honourable Mr Justice K.K. Ramakrishnan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.03.2026 PRESENT THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN CRL OP(MD)No.5610 of 2026 1.Seenivasan 2.Sampath 3.Devan ... Petitioners / A3 to A5

Versus

The State of Tamilnadu, Rep by the Sub-Inspector of Police, Sattur Town Police Station, Virudhunagar District.

(Crime No.162 of 2011) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, seeking to enlarge the petitioners on bail pursuant to the non-bailable warrant dated 19.02.2019 issued in P.R.C. No. 3 of 2015, which was subsequently split up into P.R.C. No. 60 of 2025, on the file of the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, arising out of Crime No. 162 of 2011 on the file of the respondent police. For Petitioner :

Mr.B.Anandan, Advocate 1/7

For Respondent :

Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 28.02.2026 and 07.03.2026, respectively, for offences punishable under Sections 457, 397, and 411 of the IPC, pursuant to the non-bailable warrant dated 19.02.2019 issued in P.R.C. No. 3 of 2015which was subsequently split into P.R.C. No. 60 of 2025 on the file of the learned Judicial Magistrate No. II, Sattur, Virudhunagar District, arising out of Crime No. 162 of 2011 on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 04.03.2011 at about 2:15 a.m., the accused persons allegedly entered the house of the defacto complainant and committed robbery. It is further alleged that committing such robberies was their habitual practice on previous occasions as well. Hence, the respondent police have registered the case for the above said offences.

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3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and have not committed any offence as alleged by the prosecution. He further submitted that the first petitioner has been in incarceration from 28.02.2026 onwards. Accordingly, he prayed for the grant of bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there are a number of previous cases of a similar nature against the petitioners. He further submitted that the petitioners had already filed a bail petition before the learned Principal District and Sessions Judge, Virudhunagar District, at Srivilliputhur in Cr.M.P. No. 724 of 2026, which was dismissed. The operative portion of the order reads as follows: " Heard both. Record perused. On perusal of records would go to show that a case against the petitioners in PRC No.60/2025 which is pending before the Judicial Magistrate No.II, Sattur. Totally 9 accused involved in this case and It is the split up case from the main 2 case and the petitioners are A3, A4 and A5 and A3 was arrested on 28-02-2026 and he is under custody for the past 11 days and A3 and A5 were arrested on 07-03-2026 and they are under custody for the 3/7

past 4 days. NBW issued against the petitioners on 01-08-2019 and for the past 7 years they were in absconding and the case against the petitioners is pending for committing to Sessions Court and the petitioners were arrested from absconding for 7 years. A3 is having 7 previous cases and A4 is having 11 and A5 is having 7 and out of which some of the cases are pending trial. At this stage, if the petitioners are released on bail, they would abscond, the further progress of the case would stand still, hence, this Court is not inclined to grant bail to the petitioners.

In the result, the petition is dismissed."

5. This Court heard the learned counsel appearing on either side and perused the materials placed on record.

6. Considering the facts and circumstances of the case, and also the fact that the petitioners are habitual offenders, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed for the present.

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To 1.The Judicial Magistrate No.II, Sattur, Virudhunagar District.

2.The Sub-Inspector of Police, Sattur Town Police Station, Virudhunagar District.

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

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K.K.RAMAKRISHNAN ,J.

pal

ORDER

IN CRL OP(MD) No.5610 of 2026 Date : 18.03.2026 7/7