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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.06.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL CRL OP(MD). No. 12515 of 2026 Sathyamoorthy @ Kutty

...Petitioner

Vs State of Tamil Nadu rep. by The Inspector of Police, Alangulam Police Station, Tenkasi District.

(Crime No.144 of 2017)

...Respondent/Complainant

For Petitioner : Mr.M.Pandian Advocate For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 144 of 2017 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 01.06.2026, for the offences punishable under Sections 395, 397, 506(ii) r/w. 120-B of IPC, in Crime No.144 of 2017 on the file of the 1/6

respondent police, in S.C.No.146 of 2024 on the file of the learned Chief Judicial Magistrate, Tenkasi, seeks bail.

2.The petitioner has committed the above said offences. After completing the investigation charge sheet has been filed before the concerned Court. Now the case is pending in S.C.No.146 of 2024 before the learned Chief Judicial Magistrate, Tenkasi. On 28.07.2025, since the petitioner was not appeared before the trial Court the trial Court issued Non Bailable Warrant. The same was executed on 01.06.2026.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent. Since the petitioner has not received any information from his Advocate about the hearing date, he is unable to appear before the trial Court. He has also no knowledge about the issuance of Non Bailable warrant against him. The absence of the petitioner on that date is neither wilful nor wanton. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (crl. Side) appearing for the respondent would submit that already the petitioner was enlarged on bail. During the trial process, he was absent on 28.07.2025. Hence, the NBW was 2/6

issued by the trial Court and the same was executed by the respondent police on 01.06.2026. The petitioner has 20 previous cases. Now the case is posted for examination of witnesses. Hence, he opposed the grant of 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, considering the nature of charges levelled against the petitioner, the petitioner was already enlarged on bail, due to non appearance the NBW was issued by the trial Court and the same was executed by the respondent police on 01.06.2026, though the prosecution has stated that the petitioner has so many cases, in all those cases, he was already granted bail, this Court after considering all the cases earlier granted bail, now the case is posted for examination of witnesses and considering the period of incarceration undergone by 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 3/6

satisfaction of the learned Chief Judicial Magistrate, Tenkasi, and on further conditions that:

[b] the petitioner shall report before the learned Chief Judicial Magistrate, Tenkasi, at 10.30 a.m., on all working days, 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 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 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]. 4/6

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

(P D B J) 25.06.2026 TM To 1.The Chief Judicial Magistrate, Tenkasi.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District. (Crime No.144 of 2017) 3.The Superintendent, District Prison, Dindigul. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

P. DHANABAL, J.

TM

ORDER

IN CRL OP(MD) No. 12515 of 2026 Date : 25.06.2026 6/6