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Madras High CourtCRL OP(MD)/7713/2026granted

Tajudeen @ Raj Kapoor v. The State Of Tamilnadu Rep By The Inspector Of Police, Pappanadu

2026-04-21Honourable Mr. Justice P.Dhanabal8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Tajudeen @ Raj Kapoor

...Petitioner/Accused No.4

Vs State of Tamil Nadu rep. by The Inspector of Police, Pappanadu Police Station, Thanjavur District.

(Crime No.11 of 2001)

...Respondent/Complainant

For Petitioner:Mr.S.Ramakrishnan For Respondent:Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-to enlarge the petitioner on bail in connection with Crime No.11 of 2001 on the file of the Respondent Police in Pursuant of the NBW 1/8

issued against the petitioner in P.R.C.No.2 of 2023 on the file of the learned District Munsif Cum Judicial Magistrate Court, Orathanadu, Thanjavur District.

ORDER : The Court made the following order :- The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 28.03.2026 for the offences punishable under Sections 454, 395, 398, 380, 392 and 397 of IPC, in Crime No.11 of 2001 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 the petitioner was working in abroad and no summon has been served, due to which, the petitioner has not turned up for the hearing and hence, a Non-Bailable Warrant (NBW) was ordered to be issued on 30.12.2014 and the 2/8

same was executed on 28.03.2026 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 and the same was executed on 28.03.2026. He would further submit that the case in P.R.C.No.2 of 2023l on the file of the learned District Munsif Cum Judicial Magistrate Court, Orathanadu, Thanjavur District, is pending for committal proceedings. Hence, he strongly opposed to grant bail to the petitioner.

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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 fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued and the case in P.R.C.No.2 of 2023 on the file of the learned District Munsif Cum Judicial Magistrate Court, Orathanadu, Thanjavur District, is pending for committal proceedings and also considering the period of incarceration undergone by the petitioner from 28.03.2026, 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 4/8

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

[b] the petitioner shall report before the learned District Munsif Cum Judicial Magistrate Court, Orathanadu, Thanjavur District, 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;

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[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 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].

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

[h] The petitioner is directed not to leave India without prior permission.

(P D B J) 21.04.2026 vsg To 1.The learned District Munsif Cum Judicial Magistrate Court, Orathanadu, Thanjavur District. 2.The Inspector of Police, Pappanadu Police Station, Thanjavur District.

3.The Superintendent, Central Prison, Tiruchirappalli.

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. 7713 of 2026 Date : 21.04.2026 8/8