Sabarikanthan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD). No.15850 of 2025 Sabarikanthan ..Petitioner/Accused No.8 Vs State of Tamil Nadu Rep by the Inspector of Police, Nilakottai Police Station, Dindigul District.
(Crime No.134 of 2014) ... Respondent/Complainant For Petitioner : Mr.K.Sivabalan for M/S.Aran Legal Consultancy For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.134 of 2014 on the file of the respondent police.
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ORDER : The Court made the following order :- The petitioner / Accused No.8, who was arrested and remanded to judicial custody on 07.08.2024 for the offences punishable under Sections 120(B), 147, 148, 149, 449, 302 and 380 of IPC in Crime No. 134 of 2014 on the file of the respondent police, seeks bail.
2. The petitioner has been charged for the offences punishable under sections 120 (B), 147, 148, 149, 449, 302 and 380 of IPC in Crime No.134 of 2014. The said case was pending for the trial before the trial Court in S.C.No.117 of 2018. On 05.04.2025, at the time of hearing in S.C.No.117 of 2018 before the learned Fast Track Mahila Court, Dindigul, the petitioner was absent. Due to which, a Non Bailable warrant was issued upon the petitioner and the same was executed on 07.08.2024.
3. The learned counsel for the petitioner would submit that there are totally 14 accused persons, this petitioner was arrayed as Accused No.8. This petitioner was arrested in another case in Crime No.428 of 2/7
2024 on the file of Anna Nagar Police Station. For the said reason only, he unable to appear before the concerned trial Court. The trial Court had issued NBW on 05.04.2024 and the same was executed on 07.08.2024. This petitioner is not at all intending to escape for evading from the law. Due the said reason only, the petitioner could not appear before the trial Court. 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 regularly appear before the Trial Court on hearing dates without fail. He would further submit that the petitioner is in custody from 07.08.2024 nearly one year. Hence, he seeks bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is jumped out of bail and based on the NBW, the petitioner was arrested again on 07.08.2024. He would further submit that the trial Court has examined P.W.1 to P.W.4. Hence, he opposed for grant of bail.
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5.Taking into consideration of the facts and submissions and since it is a jumped out bail and also considering the period of incarceration suffered by the petitioner, 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.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Fast Track Mahila Court, Dindigul, 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 appear before the trial Court on all hearing dates without fail.
[c] the petitioner shall not commit any offences of similar nature. 4/7
[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 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 229A IPC.
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To
1. The Fast Track Mahila Court, Dindigul.
2. The Superintendent, Central Prison, Madurai.
3.The Inspector of Police, Nilakottai Police Station, Dindigul District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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S.SRIMATHY, J.
vsg
ORDER
IN CRL OP(MD) No.15850 of 2025 Date : 23.10.2025 7/7