Naveen v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/08/2025 PRESENT THE HONOURABLE MR.JUSTICE P.VADAMALAI Naveen ..Petitioner/ Accused No.1 Vs The State of Tamilnadu rep.by The Sub Inspector of Police, Thennilai Police Station, Karur District.
(Crime No.297 of 2021) .. Respondent/Complainant For Petitioner : M/s.M.Vivek 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.297 of 2021 on the file of the Respondent Police. ORDER : This Court made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 11.08.2025 for the offences punishable under Sections 364(A), 302, 120(B), 1/6
449 and 397 of IPC, in Crime No.297 of 2021 on the file of the respondent police taken on file in S.C.No.65 of 2022 before the Principal District and Sessions Court, Karur, seeks bail.
2. The case of the prosecution is that the petitioner is an accused in Crime No.297 of 2021. Investigation in the case was completed and the case was taken on file in S.C.No.65 of 2022 before the Principal District and Sessions Judge, Karur. The case was adjourned to 02.04.2025 for trial. On the said date, due to his ill health, the petitioner did not appear before the trial Cuort. Therefore, a non bailable warrant was issued against the petitioner on 02.04.2025. Thereafter, on 11.08.2025, the petitioner has voluntarily surrendered before the trial Court with a petition to recall the warrant. But the trial Court has dismissed the petition and take the petitioner in custody. Hence the petition.
3. The learned counsel for the petitioner would submit that the absence of the petitioner before the trial Court is not willful. The respondent police has lodged a false complaint against this petitioner. The petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 11.08.2025 nearly 12 days. Hence, he seeks bail.
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4. The learned Government Advocate (Criminal Side) would submit that there are totally two accused in this case and the petitioner is the 1st accused. It is a case of abduction. The victim in this case namely Saminathan was running a crusher. On 06.12.2021, the victim Saminathan went to his crusher and thereafter, he did not return to his home. On 07.12.2021, the accused have kidnapped the victim along with his tipper lorry and demanded a sum of Rs.1 Crore to the wife of the victim. A2 in this case was granted bail. Charges have been framed in this case. One previous case is also pending against the petitioner in the similar nature. Since, the petitioner did not appear before the trial Court on 02.04.2025, a non bailable warrant was issued against him. However, 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 that the petitioner has voluntarily surrendered before the learned District and Sessions Judge, Karur on 11.08.2025 and filed a petition to recall the NBW and the same was dismissed against him and he was remanded to judicial custody on the same day and also the fact that charges were framed and the case is pending for trial, this 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 3/6
sureties, each for a like sum to the satisfaction of learned Principal District and Sessions Court, Karur 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 Principal District and Sessions Court, Karur. If the petitioner changes his residential address, he shall report the same to the learned Principal District and Sessions Court, Karur;
[c] the petitioner shall appear and sign before the respondent police daily twice at 10.00 a.m. and 05.00 p.m., except the date of hearing before the trial Court, until further orders. On the hearing dates, the petitioner shall appear before the concerned Court without fail.
[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[f] 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 herself 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.
sd/- 22/08/2025 / TRUE COPY / 22/08/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
pnn TO 1.The Principal District and Sessions Judge, Karur. 2.The Superintendent, Central Jail, Trichy.
3.The Sub Inspector of Police, Thennilai Police Station, Karur District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.14001 of 2025 Date :22/08/2025 AS/22.08.2025/6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6