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Madras High CourtCRL OP(MD)/6888/2026granted

E.Esakkidurai @ Kattadurai v. The State Of Tamilnadu Represented By, Its,

2026-04-08Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL E.Esakkidurai @ Kattadurai

...Petitioner/Accused

Vs State of Tamil Nadu rep. by The Inspector of Police, Puliyangudi Police Station, Tenkasi.

(Crime No. 140 of 2023 )

...Respondent/Complainant

For Petitioner : Mr.K.Karansingh Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 140 of 2023 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 28.01.2026 for the offences punishable under Sections 392 @ 397 of IPC in Crime No. 140 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner would submit that the petitioner was already released on bail and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued 25.10.2025 and the same was executed on 28.01.2026 and he is still in judicial custody. He would further submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

3. 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 the petitioner has 19 previous cases and the case in P.R.C.No.2 of 2024 on the file of the Additional District Munsif-cum-Judicial Magistrate, 2/6

Sivagiri, Tenkasi is pending for committal and however, he strongly opposed to grant bail to the petitioner.

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

5. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the facts that the petitioner was already granted bail and due to non-appearance, the NonBailable Warrant was issued against the petitioner and the case in P.R.C.No.2 of 2024 on the file of the Additional District Munsif-cumJudicial Magistrate, Sivagiri, Tenkasi, is pending for committal and though the petitioner has some previous cases, in all cases bail was granted to the petitioner 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 3/6

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Additional District Munsif-cum-Judicial Magistrate, Sivagiri, Tenkasi and on further conditions that:

[b] the petitioner shall report before the learned Additional District Munsif-cum-Judicial Magistrate, Sivagiri, Tenkasi, 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 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 4/6

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) 08.04.2026 apd To 1.The Additional District Munsif-cum-Judicial Magistrate, Sivagiri, Tenkasi.

2.The Inspector of Police, Puliyangudi Police Station, Tenkasi.

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

5/6

P. DHANABAL, J apd

ORDER

IN CRL OP(MD) No. 6888 of 2026 Date : 08.04.2026 6/6