Mannar @ Arunchandar v. The State Of Tamilnadu Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.04.2025 PRESENT THE HONOURABLE MR. JUSTICE R. SAKTHIVEL Mannar @ Arunchandar ... Petitioner/Accused Vs The State of Tamil Nadu Rep. by the Inspector of Police, Pattukkottai Taluk Police Station, Pattukkottai, Thanjavur District.
Crime No.246 of 2018 ... Respondent/Complainant For Petitioner : Mrs.P.Krishnaveni Advocate For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- For bail in Crime No.246 of 2018 on the file of the respondent-police. ORDER : The Court made the following order :- 1/6
This Criminal Original Petition has been filed by the petitioner on 27.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.
2. The petitioner/accused was arrested and remanded to judicial custody on 07.02.2025. The petitioner/accused is facing trial in S.C.No.36 of 2020 on the file of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai. The petitioner was absent on 29.01.2025. Hence, Non-Bailable Warrant was issued on 29.01.2025 and the same was executed on 07.02.2025.
3. Mrs.P.Krishnaveni, learned counsel appearing for the petitioner, submits that the petitioner was arrested in connection with Crime No.7 of 2025 and was in judicial custody on 29.01.2025, i.e., the date fixed for hearing, and hence, was unable to appear before the trial Court. She further submits that the petitioner was released on bail on 30.01.2025 in the said case (Crime No.7 of 2025), and that the Non-Bailable Warrant issued in the present case was executed by arresting the petitioner on 07.02.2025. Accordingly, she prays to grant bail to the petitioner.
4. Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner falls under the 'A+' category and is involved in numerous cases, including one under Section 302 of the 2/6
Indian Penal Code, 1860. He further submits that during the period of bail, the petitioner committed several offences, inter alia, offences punishable under Section 307 of the Indian Penal Code, 1860, the Narcotic Drugs and Psychotropic Substances Act, 1985, and the Arms Act, 1959. He therefore submits that if the petitioner is enlarged on bail, he may abscond and commit similar offences. Hence, he strongly opposes to grant bail to the petitioner.
5. Heard on both sides. This Court has perused the records.
6. Admittedly, on 29.01.2025, the petitioner was in judicial custody in connection with another case in Crime No.7 of 2025. Consequently, he was unable to appear before the Trial Court on that day. Accordingly, Non-Bailable Warrant (NBW) was issued on 29.01.2025 and was executed on 07.02.2025. It is learnt that prior to 29.01.2025, the petitioner had been regularly appearing before the Trial Court. In view of the facts and circumstances, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions: (i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai; 3/6
(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai shall obtain a copy of any one of identity proofs to ensure their identity; (iii) The petitioner shall furnish his residential address and mobile number to the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai; (iv) The petitioner shall appear and sign before the Inspector of Police, Pattukkottai Town Police Station, daily at 10.00 a.m. and 06.00 p.m. until further orders;
(v) The petitioner shall appear before the Trial Court as and when required and shall co-operate with the trial;
(vi) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;
(vii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; (viii) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and 4/6
(ix) On breach of any of the aforementioned conditions, the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
7. Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.
sd/- 15/04/2025 / TRUE COPY / 15 /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MBI TO 1 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, THANJAVUR @ PATTUKKOTTAI.
2 THE OFFICER INCHARGE DISTRICT JAIL, PUDUKKOTTAI.
3 THE INSPECTOR OF POLICE PATTUKKOTTAI TALUK POLICE STATION, PATTUKKOTTAI, THANJAVUR DISTRICT.
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4 THE INSPECTOR OF POLICE PATTUKKOTTAI TOWN POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-4222[I] dated 15/04/2025 )
ORDER
IN CRL OP(MD) No.5917 of 2025 Date :15/04/2025 HPS/SAR / 15.04.2025/6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.
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