George Durai @ Durai v. State Of Tamilnadu Rep By Inspector Of Police, Vattathikottai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.05.2026 PRESENT THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR George Durai @ Durai

...Petitioner/Accused - 8

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

(Crime No. 79 of 2021 )

...Respondent/Complainant

For Petitioner : Mr.S.Vishnuvardhan Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 79 of 2021 on the file of the respondent police. 1/6

ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 06.04.2026 for the offences punishable under Sections 399, 402 of IPC r/w 25(1)(A) of Arms Act in Crime No. 79 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that based on the secret information regarding the gathering of people armed with deadly weapon, on 15.02.2024 at about 11.15 p.m., when the respondent police rushed the spot, the accused flew away from the spot by leaving deadly weapons and some cell phones. Hence, the complaint.

3. 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 02.12.2024 and the same was executed on 06.04.2026 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. 2/6

4. 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. He would further submit that from the first day of hearing itself the petitioner was not appeared before the Trial Court and hence, he strongly opposed to grant bail to the petitioner.

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, nature of offence, and considering the fact that already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued and also considering the period of incarceration undergone by the petitioner, 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 3/6

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Vacation Court, Thanjavur District and on further conditions that: [b] the petitioner shall report before the learned III Additional District and Sessions Judge, Thanjavur at Pattukottai, on all hearing days, without seeking any permission of the Court to dispense with his personal appearance;

[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 4/6

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;

[h] in case the petitioner absconds, the bail granted to the petitioner will automatically be dismissed without further reference to the Court.

(R V J) 20.05.2026 apd To

1. The Vacation Court, Thanjavur.

2.The III Additional District and Sessions Judge, Thanjavur at Pattukottai.

3.The Inspector of Police, Vattathikottai Police Station, Thanjavur.

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R.VIJAYAKUMAR, J apd

4. The Superintendent, Central Prison, Palayamkottai, Tirunelveli. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No. 9594 of 2026 Date : 20.05.2026 6/6