Vishwanath v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Vishwanath ... Petitioner/Accused Vs The State of Tamilnadu Rep., By, the Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District (Crime No. 179 of 2025).

... Respondent/Complainant For Petitioner : Mr.Karthick T, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/accused on bail in pursuant to NBW dated 16.04.2026 issued by the learned Principal Sessions Judge, Thanjavur District in S.C.No. 129 of 2026.

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ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on execution of NBW on 26.05.2026 for the offences punishable under Section 296(b) BNS r/w 25(1) Arms Act in Crime No. 179 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 03.04.2025 at about 10.00 a.m., the respondent police were in patrol duty, they found that the accused was found in possession of deadly weapons and causing life threat to the public. Hence the case.

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 issued and the same was executed on 26.05.2026 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.

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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 sheeter 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 considering the fact that already the petitioner was granted bail and thereafter, due to nonappearance, NBW was issued and considering the fact that though the petitioner is a history sheeter and having previous cases at his credit, he was enlarged on bail in the pending cases registered against him as well as 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 Sessions Judge, Principal District Court, Thanjavur and on further conditions that:

[b] the petitioner shall report before the learned Sessions Judge, Principal District Court, Thanjavur, 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 the evidence;

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[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) 15.06.2026 PNM TO

1. The Sessions Judge, Principal District Court, Thanjavur

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Superintendent, Central Prison, Trichy

4. The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District

5. 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.11105 of 2026 Date : 15/06/2026 6/6