Suvishesha Raj v. State Of Tamilnadu Rep By Inspector Of Police, Alangulam

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.5554 of 2026 Suvishesha Raj ... Petitioner / Accused No.5

Versus

The State of Tamilnadu, Rep by the Inspector of Police, Alangulam PEW Police Station, Tenkasi District.

(Crime No.1052 of 2017) ... Respondent / Complainant PRAYER :-Criminal Original Petition filed under Section 483 of the BNSS, 2023, to enlarge the petitioner on bail in Crime No.1052 of 2017 on the file of the respondent police.

For Petitioner :

Mr.A.Arputharaj Advocate For Respondent :

Mr.B.Nambi Selvan Additional Public Prosecutor 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.01.2026 for the offences punishable under Sections 468, 471, 473, 34 of IPC and Section 4(1)(Aaa), 4(1A) of TNP Act in Crime No.1052 of 2017 on the file of the respondent police, seeks bail.

2. The learned Counsel for petitioner submitted that the petitioner and other accused persons involved offences punishable under sections. 468, 471, 473, 34 of IPC and Section 4(1)(Aaa), 4(1A) of TNP Act and a case was registered in Crime No.1052 of 2017 and remanded judicial custody. Subsequently, the petitioner was enlarged on bail by the trial Court. Due to non-appearance before the trial Court, the trial Court had issued a Non Bailable Warrant to the petitioner. Due to illness the petitioner was not able to appear before the trial Court. The NBW was executed and the petitioner arrested and remanded to judicial custody on 12.01.2026. Hence, he seeks the grant of bail to the petitioner. 2/6

3. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner failed to appear before this Court due to which NBW as issued against him. There are totally six accused persons, the petitioner was arrayed as Accused No.5. Petitioner is also having one previous case for similar kind of offence and other cases are ended in acquittal. The trial has been commenced and the witnesses have been examined before the trial Court. He strongly opposed the grant of bail to the petitioner.

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

5. Considering the fact that trial has been commenced and the case posted on 26.04.2026 the petitioner was confined in prison from 12.01.2026 and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions:

3/6

6. Accordingly, the petition is allowed and 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 Chief Judicial Magistrate, Tenkasi, 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;

[b] the petitioner shall report before the Chief Judicial Magistrate, Tenkasi at 10.30.a.m. until the conclusion of the trial in S.C.No.532 of 2025 and other remaining cases. [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;

4/6

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

18.03.2026 gvn 5/6

K.K.RAMAKRISHNAN ,J.

gvn To 1.The Chief Judicial Magistrate, Tenkasi

2. The Inspector of Police, Alangulam PEW Police Station, Tenkasi District.

3. The Superintendent, Central Jail, Palayamkottai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5554 of 2026 Date : 18.03.2026 6/6