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Madras High CourtCRL OP(MD)/12655/2026granted

Nirmal Kumar v. State Of Tamilnadu Rep By Inspector Of Police, Pattukottai

2026-07-03Honourable Mr.Justice K.Rajasekar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026

CORAM

THE HONOURABLE MR. JUSTICE K. RAJASEKAR Nirmal Kumar ... Petitioner/Accused No.6 Vs State of Tamilnadu Rep by, The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

Crime No.17 of 2021. ... Respondent/Complainant PRAYER :- For Bail in Cr.No.17 of 2021 on the file of the Respondent Police. For Petitioner : Aravinthan B, Advocate.

For Respondent : Mr.T.Lenin Kumar, Counsel For State of TN (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody 1/6

on 04.03.2026 for the alleged offence under Sections 147, 148 and 302 of IPC @ 147, 148, 149, 302, 120(B), 341, 109, 212 of IPC r/w Section 25(1)A, 27 of Arms Act, in Crime No.17 of 2021 on the file of the respondent police, seeks bail.

2. It is a case of jumped bail.

3. The allegation that the petitioner is that he was involved in the offfence punishable under Sections 5(147, 148 and 302 of IPC @ 147, 148, 149, 302, 120(B), 341, 109, 212 of IPC r/w Section 25(1)A, 27 of Arms Act. Subsequently, he was released on bail and thereafter, he has not appeared before the trial Court and Non Bailable Warrant was issued against him on 16.02.2026 and the same was executed on 04.03.2026. Hence, this petition.

4. The learned counsel appearing for the petitioner submitted that he was regularly appeared before the trial Court. Subsequently, he was arrested in connection with Crime No.50 of 2020 on the file of the Mangalamedu Police Station. Hence, he was not unable to appear before 2/6

the trial Court. Hence, Non Bailable Warrant was issued against the petitioner on 16.02.2026 and the same was executed on 04.03.2026 and hence, he prayed to grant bail to the petitioner.

5. The learned Government Advocate (Criminal Side) appearing for the respondent Police reiterated the prosecution case and upon instructions reported that the petitioner is also having 1 previous case in Crime No.50 of 2020 on the file of the Mangalamedu Police Station and the case was now posted for trial and hence, opposed to grant bail to the petitioner.

6. I have gone through the FIR and also the connected materials.

7. Considering the nature of allegations against the petitioner, and also considering the facts that the petitioner was regularly appeared before the trial Court and his absence on the date of issuance of Nonbailable warrant is also very well explained by the petitioner, this Court is inclined to grant bail to the petitioner subject to certain conditions. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties, for a like sum to the satisfaction of the learned Principal Sessions Judge, Thanjavur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the trial Court daily at 10.30 a.m., for a period of three weeks and thereafter as and when required for interrogation;

[c] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned 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 4/6

of Kerala [(2005)13 SCC 283];

[d] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 03.07.2026 dss To:

1. The Principal Sessions Judge, Thanjavur.

2. The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

3.The Superintendent, Central Jail, Salem.

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

5/6

K. RAJASEKAR,J DSS

ORDER

IN CRL OP(MD) No.12655 of 2026 Date : 03/07/2026 6/6