Raja @ Raju v. State Of Tamilnadu Rep By Inspector Of Police, Srivilliputhur Town
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL 1.Raja @ Raju 2.Sampath 3.Seenivasan 4.Devan
...Petitioners/Accused
Vs State of Tamil Nadu rep. by The Sub Inspector of Police, Srivilliputtur Town Police Station Virudhunagar.
(Crime No. 44 of 2012)
...Respondent/Complainant
For Petitioner : Mr.B.Anandan Advocate.
For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 44 of 2012 on the file of the respondent police. 1/7
ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on 17.03.2026 for the offences punishable under Sections 397, 414 of IPC in Crime No. 44 of 2012 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners and other accused trespassed into the defacto complainant's place and looted the property. Based on the complaint of the defacto complaiannt, the petitioners have been arrayed as A2 to A5. Hence, the case.
3. The learned counsel for the petitioners would submit that the petitioners were already released on bail and since the petitioners have not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued on 19.02.2019 and the same was executed on 17.03.2026 and they are still in judicial custody. He would further submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners 2/7
undertake to appear before the trial court regularly without fail. Hence, he prays to grant bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the case is pending in P.R.C.No.3 of 2015 before the learned Judicial Magistrate-II, Sattur and due to nonappearance, the Non-Bailable Warrant was issued against the petitioners. He would further submit that the first petitioner has one previous case, the second petitioner has three previous cases, the third petitioner has four previous cases and the fourth petitioner has three previous cases and hence, he strongly opposed to grant bail to the petitioners.
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 petitioners were granted bail and thereafter, due to non-appearance, NBW was issued and though the petitioners have some previous cases, in 3/7
all cases they were granted bail and also undertaking given by the petitioners to the effect that they will appear before the trial court regularly and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Srivilliputhur, Virudhunagar, and on further conditions that:
[b] the petitioners shall report before the learned Judicial Magistrate-II, Srivilliputhur, Virudhunagar on all working days at 10.30 a.m., until further orders; [c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;
[d] the petitioners shall not abscond either during 4/7
investigation or trial;
[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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) 08.04.2026 apd 5/7
To 1.The Judicial Magistrate-II, Srivilliputhur, Virudhunagar. 2.The Sub Inspector of Police, Srivilliputtur Town Police Station Virudhunagar.
3. The Superintendent, District Jail, Virudhunagar. 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. 6505 of 2026 Date : 08.04.2026 7/7