K.D. Krishnan @ Krishanan v. State Of Tamilnadu Rep By Inspector Of Police, Thallakulam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 8735 of 2026 K.D.Krishnan @ Krishanan

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Thallakulam (L&O) Police Station, Madurai City.

(Crime No.193 of 2014)

...Respondent/Complainant

For Petitioner : Ms.P.Subha Rani Advocate.

For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 193 of 2014 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 19.01.2026, for the offences punishable under Sections 8(c) r/w. 20(b)(ii) of NDPS Act, in C.C.No.168 of 2016 on the file of the District and 1/6

Sessions Judge, Communal Clash Cases Court, Madurai, in Crime No.193 of 2014 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on originally the FIR was registered in the year 2014. After completion of investigation, charge sheet has been filed and the trial was commenced in C.C.No.168 of 2016 on the file of the District and Sessions Judge, Communal Clash Cases Court, Madurai. Pending trial the petitioner was absent. Hence, the learned District and Sessions Judge, Communal Clash Cases Court, Madurai, issued Non Bailable Warrant on 10.02.2025. Thereafter the petitioner was voluntarily surrendered before the learned Communal Clash Court and was arrested and remanded into judicial custody on 19.01.2026.

3. The learned counsel appearing for the petitioner would submit that the investigation has been completed and charge sheet has been filed and the case is in trial stage in C.C.No.168 of 2016. Only due to the non appearance of the petitioner NBW was issued against the petitioner. In that too the petitioner was voluntarily surrendered before the trial Court and remanded into judicial Custody. The absence of the petitioner pending trial is not wanton. Therefore, prayed to grant bail for the petitioner.

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4. The learned Additional Public Prosecutor appearing for the respondent would submit that the offence are grave in nature. The trial is pending before the Communal Clash Court, Madurai. Pending trial the petitioner was absconding, thereafter, he himself was surrendered before the trial Court. Hence, he opposed the grant of bail to the petitioner. He has some previous cases.

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

6. Considering the rival submissions made by the learned counsel on either side, considering the nature of charges levelled against the petitioner, already bail was granted to the petitioner, thereafter due to non appearance NBW was issued, thereafter, the petitioner himself was surrendered before the trial Court on 19.01.2026, now the case is pending for trial, though the petitioner has some previous cases, they are not similar in nature and in all those cases, he was granted bail and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

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[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 District and Sessions Judge, Communal Clash Court, Madurai, and on further conditions that: [b] the petitioner shall report before the trial Court namely, Communal Clash Court, madurai, at 10.30 a.m., on all working days, 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 in accordance with law as if the conditions 4/6

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) 30.04.2026 TM To 1.The District and Sessions Judge, Communal Clash Court, Madurai 2.The Inspector of Police, Thallakulam (L&O) Police Station, Madurai City. (Crime No.193 of 2014) 3.The Superintendent, Central Prison, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 8735 of 2026 Date : 30.04.2026 6/6