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Madras High CourtCRL OP(MD)/7671/2026granted

Palraj v. State Of Tamilnadu Rep By Inspector Of Police, Melur

2026-04-20Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20/04/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No.7671 of 2026 Palraj ... Petitioner/Accused No.3 Vs State of Tamilnadu Rep by, The Inspector of Police, Melur Police Station, Madurai District.

( In Crime No.319 of 2009) ...

Respondent/Complainant PRAYER :- For bail in Crime No.319 of 2009 on the file of the respondent police.

For Petitioner : Mr.P.M.Vishnu Varthanan, Advocate For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor ORDER : The Court made the following order :- 1/6

The petitioner / Accused, who was arrested and remanded to judicial custody on 26.03.2026 for the offences punishable under Sections 323, 324 and 307 of IPC, in Crime No.319 of 2009 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner is accused No.3 in S.C.No.142 of 2021 on the file of the V Additional District Judge, Madurai, where he charged for the offences under Sections 323, 324 and 307 of IPC. Due to non-appearance of the petitioner before the trial Court, Non-Bailable Warrant (NBW) was issued against him on 18.03.2021 and the same was executed on 26.03.2026. 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 18.03.2021 and the same was executed only on 26.03.2026 and from onwards he is 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 26.03.2026. Therefore, he prayed to grant bail to the petitioner.

5. 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 on 18.03.2021 and the same was executed on 26.03.2026 and now, the case was posted for framing charges.

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 already bail was granted to the petitioner in this case and thereafter, due to his non appearance, NonBailable Warrant was issued against him and now, the case is posted for 3/6

framing charges and also considering the period of incarceration undergone by the petitioner from 26.03.2026 onwards, 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 Vth Additional District Judge, Madurai, and on further conditions that:

[b] the petitioner shall report before the trial Court, 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 4/6

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].

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

(P D B J) 20.04.2026 dss 5/6

P. DHANABAL,J DSS To 1.The Vth Additional District Judge, Madurai. 2.The Inspector of Police, Melur Police Station, Madurai District.

3. The Superintendent, Sub Jail, Melur, Madurai.

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

ORDER

IN CRL OP(MD) No.7671 of 2026 Date : 20/04/2026 6/6