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Madras High CourtCRL OP(MD)/9225/2026granted

Sajin Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Kotticode

2026-05-06Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.05.2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Sajin Kumar ... Petitioner/Accused Vs The State of Tamil Nadu, Through the Inspector of Police, Kotticode Police Station, Rep. by the Special Public Prosecutor, Nagercoil.

Cr.No.136 of 2021 ... Respondent/Complainant For Petitioner : Mr.A.Purantharadhasar Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/accused on bail in connection with Special Sessions Case No.48 of 2024 on the file of the learned Sessions Fast Track Mahila Court, Kanniyakumari at Nagercoil relating to Crime No.136 of 2021 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 17.11.2025 based on the NBW issued by the trial Court, for the offences punishable under Section 394 of IPC in Crime No.136 of 2021 on the file of the respondent police, which was taken on file as Special Sessions Case No.48 of 2024, seeks bail.

2. The learned counsel for the petitioner submitted that the petitioner was regularly appeared before the trial Court. During the trial proceedings, the petitioner was not able to attend the trial Court. Hence, the trial Court issued NBW against the petitioner on 29.01.2025 and he was arrested in judicial custody from 17.11.2025. Hence, he seeks bail to the petitioner.

3. The learned Additional Public Prosecutor submitted that the petitioner has jumped out of bail during trial and thereafter, he was secured through 2/6

NBW on 17.11.2025. He further submitted that the trial is not yet commenced and the petitioner is having four previous cases and hence, he opposed for grant of bail to the petitioner.

4. Taking into consideration of the facts and circumstances of the case and the petitioner is jumped out of bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Padmanabhapuram, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their 3/6

Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall appear before the learned Judicial Magistrate No.I, Padmanabhapuram, daily at 10.30 a.m.

and 05.30 p.m., until further orders. If the petitioners fail to appear before the trial Court even for a single day, the bail granted by this Court will be automatically considered for cancellation;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned 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 is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in 4/6

P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

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

(S S Y J) 06.05.2026 sji TO 1.The Judicial Magistrate No.I, Padmanabhapuram. 2.The Sessions Fast Track Mahila Court, Kanniyakumari at Nagercoil 3.The Superintendent, District Prison, Nagercoil, Kanyakumari District.

4.The Special Public Prosecutor, Through the Inspector of Police, Kotticode Police Station, Nagercoil.

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

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S.SRIMATHY,J., sji

ORDER

IN CRL OP(MD) No.9225 of 2026 Date : 06.05.2026 6/6