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Madras High CourtCRL OP(MD)/7163/2026granted

Vignesh v. State Of Tamilnadu Rep By Inspector Of Police, Rameswaram Town

2026-04-10Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Vignesh ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

in Cr.No. 232/2019 ... Respondent/Complainant PRAYER :- To enlarge the Petitioner on bail in S.C.no. 81 / 2022 on the file of Chief Judicial Magistrate, Ramanathapuram and thus render justice.

For Petitioner : C. Susikumar, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) ORDER : The Court made the following order :- 1/6

The petitioner /Sole Accused, who was arrested and remanded to judicial custody on 27.03.2026 for the offences punishable under Sections 294(b), 324 and 307 of IPC, in Crime No.232 of 2019 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on due to previous enmity, on 06.11.2019, the petitioner is said to have attacked the complainant with an aruval and caused grievous injury. Hence, the respondent police registered a case against the petitioner and arrested him. Thereafter, he was released on bail. After completion of investigation, final report was filed before the Chief Judicial Magistrate, Ramanathapuram. and the same was taken on file in S.C.No.81 of 2022. Due to non-appearance of the petitioner, Non-bailable warrant was issued against him. Hence, this petition.

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 issued on 25.02.2026 and the same was executed on 27.03.2026 and he is still in judicial custody.

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4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 27.03.2026. Therefore, he prayed 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.

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 the case in S.C.No.81 of 2022 was posted for trial and 3/6

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, Ramanathapuram, and on further conditions that:

[b] the petitioner shall report before the learned Chief Judicial Magistrate, Ramanathapuram, on all working days Morning 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 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) 10.04.2026 dss 5/6

P. DHANABAL,J DSS To 1.The Chief Judicial Magistrate, Ramanathapuram, 2.The Inspector of Police, Rameswaram Town Police Station, Ramanathapuram District.

3. The Superintendent, District Prison, Ramanathapuram.

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

ORDER

IN CRL OP(MD) No.7163 of 2026 Date : 10/04/2026 6/6