Sathyamoorthy @ Kutty v. State Of Tamilnadu Rep By Inspector Of Police, Courtallam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2026 PRESENT The HONOURABLE MR. JUSTICE P. DHANABAL Sathyamoorthy @ Kutty ... Petitioner/Accused Vs State of Tamilnadu Rep by I Inspector of Police, Courtallam Police Station, Tenkasi District.

Crime No.181/2023..

... Respondent/Complainant For Petitioner : Mr.M.Pandian, 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 connection with the case in SC No. 283/2024 in Crime No.181/2023 on the file of the Chief Judicial Magistrate, Tenkasi.

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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 01.06.2026 for the offences punishable under Sections 294(b), 342, 323, 324, 427, 307, 506(2) IPC in Crime No. 181 of 2023 on the file of the respondent police, seeks bail.

2. The petitioner has committed the above said offences. After completing the investigation charge sheet has been filed before the concerned Court and after committal proceedings, now case is pending in S.C.No. 283 of 2024 on the file of the Chief Judicial Magistrate, Tenkasi.

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 01.06.2026 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 has 18 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 considering the fact that already the petitioner was granted bail and thereafter, due to nonappearance, NBW was issued and now the case is posted for trial before the Chief Judicial Magistrate, Tenkasi in SC No.283 of 2024 and though the petitioner has previous cases to his credit, the petitioner has got bail in the previous cases registered against him as well as considering the period of incarceration undergone by the petitioner, this Court is inclined 3/6

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 Chief Judicial Magistrate, Tenkasi and on further conditions that: [b] the petitioner shall report before the Chief Judicial Magistrate Court, Tenkasi, daily at 10.30 a.m., and 05.00p.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) 25.06.2026 PNM TO

1. The Chief Judicial Magistrate, Tenkasi

2. The Superintendent, District Prison, Dindigul

3. The Inspector of Police, Courtallam Police Station, Tenkasi 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.12548 of 2026 Date : 25/06/2026 6/6