Poovalingam v. State Of Tamilnadu Rep By Inspector Of Police, Elanjambur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Poovalingam

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Elanjambur P.S.

Ramanathapuram District.

(Crime No. 46 of 2016 )

...Respondent/Complainant

For Petitioner : Mr.S.M.Sanjay Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 46 of 2016 on the file of the respondent police. 1/7

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 13.11.2025 for the offences punishable under Sections 302 and 376 of IPC, in Crime No. 46 of 2016 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 29.05.2016, the petitioner physically assaulted the defacto complainant and her sister and robbed her gold chain, TV ring and mobile phone, due to which the defacto complainant's sister died on the next day. Hence, the complaint.

3. It is not in dispute that the investigation was completed and charge sheet was filed and the same was taken on file in S.C.No.111 of 2017 on the file of the Fast Track Mahila Court, Ramanathapuram and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued on 04.06.2025 and the same was executed on 13.11.2025 and he is still in judicial custody. 3.The learned counsel for the petitioner would submit that the 2/7

petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that though the petitioner was not present before the Trial Court, he was represented through counsel. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the investigation was completed and charge sheet was filed and the same was taken on file in S.C.No.111 of 2017 on the file of the Fast Track Mahila Court, Ramanathapuram and due to his frequent non-appearance, the Non-Bailable Warrant was issued against the petitioner. He would further submit that already examination of the witnesses is completed and now the case is now posted for examination of accused under Section 313(1)(b) of Cr.P.C and hence, he strongly opposed to grant bail to the petitioner.

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

6. Considering the rival submissions made by the learned counsel 3/7

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 on 04.06.2025 and the same was executed on 13.11.2025 and also considering the fact that entire evidence was closed and now the case is posted for examination under Section 313(1)(b) of Cr.P.C 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 Sessions Judge, Fast Track Mahila Court, Ramanathapuram and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Fast Track Mahila Court, Ramanathapuram, on all working days at 10.30 a.m., till the disposal of the case;

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[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;

[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].

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

(P D B J) 07.04.2026 apd To 1.The Sessions Judge, Fast Track Mahila Court, Ramanathapuram 2.The Inspector of Police, Elanjambur P.S.

Ramanathapuram District.

3. The Superintendent, District Prison, Ramanathapuram. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 6700 of 2026 Date : 07.04.2026 7/7