Senthilkumar v. State Of Tamilnadu Rep By Inspector Of Police, Sipcot

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Senthilkumar

...Petitioner/Accused-3

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

(Crime No. 295 of 2017 )

...Respondent/Complainant

For Petitioner : Mr.A.Arun Ramnath Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Government Pleader PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 295 of 2017 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 26.12.2025 for the offences punishable under Sections 395 and 34 of IPC in Crime No. 295 of 2017 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner would submit that the petitioner has committed offence under Sections 395 and 34 of IPC and investigation was completed and charge sheet was filed and the same is taken on file in S.C.No.230 of 2022 on the file of the I Additional District and Sessions Judge, Thoothukudi. Since the petitioner has not turned up for the hearing on 05.11.2025, Non-Bailable Warrant (NBW) was ordered to be issued and the same was executed on 26.12.2025 and he is still in judicial custody.

3.The learned counsel for the petitioner would further submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that co-accused 2/6

were already granted anticipatory bail by the trial court. Hence, he prays to grant bail to the petitioner.

4. 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. He would further submit that S.C.No.230 of 2022 was posted on 06.06.2026 for framing of charges. 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 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 the same was executed and co-accused were granted anticipatory bail by the trial court and also the case is posted for framing of charges and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject 3/6

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 and Sessions Judge, Thoothukudi, and on further conditions that:

[b] the petitioner shall report before the learned I Additional District and 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 she is accused, or suspected, or of the commission of which 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 4/6

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].

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

(P D B J) 01.04.2026 apd To 1.The I Additional District and Sessions Judge, Thoothukudi. 2.The Inspector of Police, SIPCOT Police Station, Thoothukudi.

3. The Superintendent, District Jail, Peraorani, Thoothukudi. 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. 6431 of 2026 Date : 01.04.2026 6/6