D.Selvam v. State Of Tamilnadu Rep By Inspector Of Police,Awps Tirunelveli

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL D.Selvam, S/o. Dushnamurthy @ Thatchinamurthy, Voc Nagar, Keela Chettikulam, Aalvarkurtchi, Ambasamudram Taluk, Tirunelveli District..

... Petitioner/Accused No.1 Vs State of Tamilnadu Rep by, The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.

(Crime No.7 of 2015).

... Respondent/Complainant For Petitioner : Mr.T.Thirumurugan, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- to enlarge the Petitioner/Accused on Bail in C.C.No.216/2016 on the file of the Judicial Magistrate Court, Ambasamudram in Crime No.7/2015 on the file of the Respondent Police.

1/8

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested and remanded to judicial custody on 11.03.2026 for the offences punishable under Sections 498(A), 294(b), 494 and 506(i) of IPC, in Crime No.7 of 2015 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 since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued on 13.11.2018 and the same was executed on 11.03.2026 and he is still in judicial custody. He would further submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

2/8

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 11.03.2026. He would further submit that the case in C.C.No.216/2016 on the file of the Judicial Magistrate Court, Ambasamudram, is posted for examination of the witnesses. Hence, he strongly opposed to grant bail to the petitioner.

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 on 13.11.2018 against the petitioner and the same 3/8

was executed on 11.03.2026 and the case in C.C.No.216/2016 on the file of the Judicial Magistrate Court, Ambasamudram, is posted for examination of the witnesses and also considering the period of incarceration undergone by the petitioner from 11.03.2026, 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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Ambasamudram, and on further conditions that:

[b] the petitioner shall report before the Judicial Magistrate Court, Ambasamudram, on all working days at 10.30 4/8

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 in accordance with law as if the 5/8

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) 29.04.2026 VSG 6/8

TO 1.The Judicial Magistrate Court, Ambasamudram. 2.The Inspector of Police, All Women Police Station, Ambasamudram, Tirunelveli District.

3.The Officer-in-Charge, Sub Jail, Ambasamudram. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

7/8

P. DHANABAL,J., vsg

ORDER

IN CRL OP(MD) No.8524 of 2026 Date : 29/04/2026 8/8