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Madras High CourtCRL OP(MD)/11455/2026granted

Vigneshwaran v. The State Of Tamilnadu Rep By The Inspector Of Police, Karimedu

2026-06-18Honourable Mr. Justice P.Dhanabal7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL

1. Vigneshwaran

2. Sri Manikandan @ Singam ... Petitioners/Accused Vs The State of Tamilnadu Rep By the Inspector of Police, Karimedu Police Station, Madurai District.

(Crime No.101/2021).

... Respondent/Complainant For Petitioners : Mr.K.Dinesh, For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in S.C.No.102 of 2022 on the file of the Additional Chief Judicial Magistrate Court, Madurai in Cr.No.101 of 2021 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioners / Accused, who were arrested and remanded to judicial custody on execution of NBW on 10.03.2026 and 03.02.2026 respectively for the offences punishable under Sections 147, 341, 294(b), 323, 307, 506(ii), 148, 326, 34 of IPC in Crime No. 101 of 2021 on the file of the respondent police, seek bail.

2. It is seen from the records that the respondent police have registered a case against the accused persons in Cr.No.101 of 2021 under Sections 147, 341, 294(b), 323, 307, 506(ii), 148, 326, 34 of IPC. On completion of investigation, they have filed final report before the concerned Magistrate Court and the same was committed before the Additional Chief Judicial Magistrate Court, Madurai and now the case is pending in SC No.102 of 2022 for the examination of accused under Section 351(1)(b) of BNSS. At this stage, NBW were issued against the petitioners for their non-appearance and the same were executed on 10.03.2026 and 03.02.2026 respectively.

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3. The learned counsel for the petitioners would submit that the petitioners were already released on bail and due to medical condition, the petitioners have not turned up for the hearing, NonBailable Warrant (NBW) were issued and the same were executed on 10.03.2026 and 03.02.2026 respectively and they are still in judicial custody. He would further submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that due to non-appearance, the NonBailable Warrant were issued against the petitioners. The petitioners have previous cases to their credits. He would further submit that if the petitioners released on bail, they may abscond, which would affect the trial. Hence, he strongly opposed to grant bail to the petitioners.

5. This Court heard both sides and perused the materials available on record.

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6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that already the petitioners were granted bail and thereafter, due to nonappearance, NBW were issued and now the case is posted for examination of accused under Section 351(1)(b) of BNSS before the learned Additional Chief Judicial Magistrate, Madurai and also considering the fact that though the petitioners have previous cases to their credit, the petitioners have got bail in the previous cases registered against them as well as taking into account of the period of incarceration undergone by the petitioners from 10.03.2026 and 03.02.2026 respectively, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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 learned Additional Chief Judicial Magistrate, Madurai and on further conditions that:

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[b] the petitioners shall report before the learned learned Additional Chief Judicial Magistrate, Madurai, daily at 10.30 a.m., until further orders;

[c] the petitioners shall not commit any offence similar to the offence of which they are accused, or suspected, or of the commission of which they are suspected;

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

[e] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. 5/7

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) 18.06.2026 PNM TO

1. The learned Additional Chief Judicial Magistrate, Madurai

2. The Superintendent, Central Prison, Madurai.

3. The Inspector of Police, Karimedu Police Station, Madurai 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.11455 of 2026 Date : 18/06/2026 7/7