Ponmani v. State Of Tamilnadu Rep By Inspector Of Police, Perungudi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 6326 of 2026 Ponmani ... Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.4 of 2019)

...Respondent/Complainant

For Petitioner : Mr.S.Muniyandi Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 4 of 2019 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 21.01.2026 for the offences punishable under Sections 147, 148, 294(b), 323, 341, 307 of IPC, in Crime No.4 of 2019, on the file of the 1/6

respondent police, in S.C.No.112 of 2026 on the file of the Assistant Sessions Judge, Thirumangalam, seeks bail.

2. The case of the prosecution is that originally the FIR was registered in the year 2019. Pending committal proceedings, the petitioner was absconding. Hence, the learned Judicial Magistrate, Thirumangalam, issued Non Bailable Warrant on 25.03.3024. The same was executed and the accused was arrested and remanded into judicial custody on 21.01.2026. After completion of investigation, charge sheet has been filed and the same was taken cognizance in S.C.No.112 of 2026 on the file of the Assistant Sessions Judge, Thirumangalam.

3. The learned counsel appearing for the petitioner would submit that the petitioner was already arrested and released on bail. Since the petitioner was suffering from fever, the non appearance was occurred and the NBW was issued. Hence, the NBW was issued and the petitioner was arrested on 21.01.2026. Now the case was made over to the Sessions Court and the same was taken on file in S.C.No.112 of 2026. Therefore, prayed to grant bail for the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner has four previous cases. Out of which one is under Section 302 IPC and another one is under Section 307 IPC. He was absconding for more than three years. After completion of investigation charge sheet has been filed and trial commenced in S.C.No. 112 of 2026 on the file of the Assistant Sessions Judge, Thirumangalam. Hence, he vehemently opposed the grant of bail.

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, though the petitioner has some previous cases, considering that already the petitioner was released on bail, thereafter, only due to non appearance of the petitioner, the non bailable warrant was issued and the same was executed and from 21.01.2026 the petitioner is in custody and also considering that the case is posted for trial, 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 3/6

Thousand only) with two sureties each for a like sum to the satisfaction of the Assistant Sessions Judge, Thirumangalam, and on further conditions that:

[b] the petitioner shall report before the trial Court daily at 10.30 a.m., on all working days, until further orders. [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]. 4/6

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

(P D B J) 01.04.2026 TM To 1.The Assistant Sessions Judge, Thirumangalam. 2.The Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.4 of 2019) 3.The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 6326 of 2026 Date : 01.04.2026 6/6