Akash v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Akash, S/o.Ramesh ..Petitioner/ Accused Vs The State of Tamilnadu rep.by The Inspector of Police, Sivagangai Town Police Station, Sivagangai (Crime No.92 of 2022) .. Respondent/Complainant For Petitioner : Mr.M.Sakthivel Advocate.
For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.92 of 2022 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded into judicial 1/6
custody on 06.06.2025 for the offences punishable under Sections 147,148,342,294(b), 307, 302 of IPC in Crime No.92 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity, this petitioner and other accused persons came in a separate two wheelers and they unlawfully assembled with deadly weapons and also they criminally intimidated the defactocomplainant and thereby committed riot and wrongfully confined the deceased and committed murder. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner had failed to appear before the trial Court and a Non-Bailable Warrant was issued against the petitioner. On 06.06.2025, the NBW warrant was executed and the petitioner was arrested and remanded into judicial custody. This petitioner is not at all intending to escape or evading from the law. This petitioner without knowing the consequences, he went to abroad for seeking job. on 14.02.2022, at the time of hearing, he could not appear before the trial Court, the trial Court issued Non Bailable Warrant against him. The Non-appearance of the petitioner before the Trial Court is neither willful nor wanton but for the above said reason. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He further submits that the petitioner undertakes that he will not abscond and he will 2/6
regularly appear before the Trial Court on hearing dates without fail. He also undertakes to produce the original passport of the petitioner before the concerned Trial Court. He would further submit that the petitioner is in custody from 06.06.2025 for the past 77 days. Hence, he seeks bail.
4. The learned Government Advocate (Criminal Side) would submit that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. The petitioner was arrested and remanded to judicial custody on 06.06.2025. In this case, investigation completed, charge sheet has also been filed and the same was taken on file in PRC.No.17 of 2022 on the file of the learned Judicial Magistrate No.I, Sivagangai. This petitioner absconded and went to Singapore after strenuous effort, the respondent police arrested this petitioner at Bangalore Airport. This petitioner is having one previous case. Hence, he objected to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact in this case, investigation was completed, final report has also been filed and the same was taken on file in PRC.No.17 of 2022 on the file of the learned Judicial Magistrate No.I, Sivagangai, considering the undertaking given by the learned Counsel for the petitioner, the petitioner/accused remanded into judicial custody on 06.06.2025, taking into consideration of the period of incarceration, this 3/6
court is inclined to grant bail to the petitioner, subject to the following conditions:
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of learned Judicial Magistrate No.I, Sivagangai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] The petitioner shall furnish his residential address and contact number to the learned Judicial Magistrate No.I, Sivagangai. If the petitioner changes his residential address, he shall report the same to the learned Judicial Magistrate No.I, Sivagangai;
[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00a.m. and 05.00p.m. except on hearing dates; until further orders; he shall also appear before the concerned Trial Court on hearing dates. [d] the petitioner shall surrender his original passport to the learned Judicial Magistrate No.I, Sivagangai.
[e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned 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 4/6
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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.
sd/- 21/08/2025 / TRUE COPY / /08/2025 Sub-Assistant Registrar (C.S.-I/ II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.
gvn TO:-
1. The Judicial Magistrate No.I, Sivagangai.
2. Do through the Chief Judicial Magistrate, Sivagangai.
3.The Superintendent, District Jail, Ramanathapuram.
4. The Inspector of Police, Sivagangai Town Police Station, Sivagangai.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.M.SAKTHIVEL, Advocate ( SR-9045[I] dated 21/08/2025 )
ORDER
IN CRL OP(MD) No.13568 of 2025 Date :21/08/2025 PS/SAR.21.08.2025 6P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6