Ajithkumar v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Ajithkumar ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Virudhunagar Rural Police Station , Virudhunagar District.

(Crime No. 331 of 2025).

... Respondent/Complainant For Petitioner : Mr.Mohan Raj M, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/sole accused on bail in S.C.No. 156 of 2026 on the file of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur pending trial. 1/6

ORDER : The Court made the following order :- The petitioner/sole Accused, who was arrested and remanded to judicial custody on 31.05.2026 for the offences punishable under Sections 309(4) and 311 of BNS (U/s.392 and 397 IPC) in Crime No.331 of 2025, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 07.11.2025 at about 6.30 a.m., when the defacto complainant went to natural call on the backside of Sakkammal Temple wherein the petitioner/accused threatened by showing knife and extorted a sum of Rs.200/- from the pocket of the defacto complainant. Hence, this case.

3. The learned counsel for the petitioner would submit that the petitioner was already released on bail and since the petitioner was in custody for another case, he could not appear for the hearing, NonBailable Warrant (NBW) has been issued and the same was executed on 31.05.2026 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 Government Advocate (Crl.Side) appearing for the respondent would submit that due to non-appearance, the NonBailable Warrant was issued against the petitioner. He would further submit that the petitioner is a history sheeted rowdy, having 15 previous cases and if the petitioner released on bail, he may abscond, which would affect the trial. 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 according to the petitioner, while he was in custody for another case, he could not appear for hearing in this case and NBW was issued against him and also considering the fact that already the petitioner was granted bail in this case and though the petitioner is a history sheeted rowdy, having 15 previous cases, he has already been enlarged on bail on the previous cases registered against him and as well as considering the period of incarceration undergone by 3/6

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 Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal District and Sessions Judge, Virudhunagar District @ Srivilliputhur and on further conditions that: [b] the petitioner shall report before the trial Court daily 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;

[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 him from disclosing such facts to the Court or to any police officer or tamper with 4/6

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].

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

(P D B J) 23.06.2026 PNM TO

1. The Principal District and Sessions Judge, Virudhunagar District @ Srivilliputhur

2. The Superintendent, Central Prison, Madurai

3. The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar District.

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

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P. DHANABAL,J PNM

ORDER

IN CRL OP(MD) No.11948 of 2026 Date : 23/06/2026 6/6