Suvisesaraj v. State Of Tamilnadu Rep By Inspector Of Police, Uthumalai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Suvisesaraj ...Petitioner/Accused No.2 Vs State of Tamil Nadu rep. by The Inspector of Police, Uthumalai Police Station, Tenkasi District.

(Crime No.248 of 2017)

...Respondent/Complainant

For Petitioner:Mr.A.Arputharaj For Respondent:Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-to enlarge the petitioner on bail in connection with the case in S.C.No.531 of 2025 in Crime No.248 of 2017 on the file of the learned Chief Judicial Magistrate Court, Tenkasi. 1/8

ORDER : The Court made the following order :- The petitioner/A2, who was arrested and remanded to judicial custody on 23.01.2026 for the offences punishable under Sections 417 and 420 of IPC and Sections 4(1-A), 4(1)(aaa) and 4(1)(a) of the Tamilnadu Prohibition Act, in Crime No.248 of 2017 on the file of the respondent police, seeks bail.

2.The petitioner is arrayed as accused in Criem No.248 of 2017. The respondent Police after completing enquiry, filed a final report and the same was taken on file in S.C.No.531 of 2025 by the learned Chief Judicial Magistrate Court, Tenkasi and the trial was commenced. Hence, the complaint.

3. It is not in dispute that since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be 2/8

issued on 01.12.2025 and the same was executed on 23.01.2026 and he is still in judicial custody. 4.The learned counsel for the petitioner would 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.

5. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that due to non-appearance, the Non-Bailable Warrant was issued against the petitioner. Hence, he strongly opposed to grant bail to the petitioner.

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

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7. 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 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 Chief Judicial Magistrate Court, Tenkasi , and on further conditions that:

[b] the petitioner shall report before the learned Chief Judicial Magistrate 4/8

Court, 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 learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner 5/8

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) 09.04.2026 vsg 6/8

To 1.Thelearned Chief Judicial Magistrate Court, Tenkasi.

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J vsg

ORDER

IN CRL OP(MD) No. 7053 of 2026 Date : 09.04.2026 8/8