Nitheeswar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.09.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.16628 of 2025 Nitheeswar ..Petitioner/ Accused Vs The State of Tamilnadu Rep.by the Inspector of Police, Thiruparankundram (L & O) Police Station, Thiruparankundam, Madurai District.

(Crime No.294 of 2023) .. Respondent/Complainant For Petitioner : Mr.R.Tharun Athithyan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.234 of 2024 on the file of VI Additional District and Sessions Court, Madurai dated 15.09.2025 in Crime No.264 of 2023 pending on the file of the respondent police. 1/6

ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 19.07.2025 for the offences punishable under Sections 399 of IPC and Section 25(1) Arms Act, in S.C.No.234 of 2024 on the file of VI Additional District and Sessions Court, Madurai dated 15.09.2025 in Crime No.264 of 2023 pending on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that after the registration of the case in Crime No.294 of 2023 and the respondent police have completed the investigation and filed a charge sheet in S.C.No.234 of 2024, before the VI Additional District and Sessions Court, Madurai. He further submitted that due to non-appearance of the petitioner, the trial Court has issued NBW against the petitioner and the same was executed on 19.07.2025. He further submitted that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is in judicial custody from 19.07.2025. 2/6

Hence, he seeks bail.

3. The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner.

4. Taking into consideration of the facts and circumstances of the case and also considering the undertaking given by the learned Counsel for the petitioner 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:

5. 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 learned Judicial Magistrate No.VI, Madurai, 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 3/6

to ensure their identity.

(b) the petitioner shall appear before the trial Court on all hearing dates without fail.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 26.09.2025 msrm 4/6

To

1. The learned Judicial Magistrate No.VI, Madurai.

2. The learned VI Additional District and Sessions Court, Madurai.

3. The Superintended, Central Jail, Madurai.

4. The Inspector of Police, Thiruparankundram (L & O) Police Station, Thiruparankundam, Madurai District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J.

msrm

ORDER

IN CRL OP(MD) No.16628 of 2025 Dated : 26.09.2025 6/6