Citation : 2026 Latest Caselaw 1756 Mad
Judgement Date : 9 April, 2026
CRL OP(MD). No. 7053 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 09.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 7053 of 2026
Suvisesaraj ...Petitioner/Accused No.2
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Uthumalai Police Station,
Tenkasi District.
(Crime No.248 of 2017)
...Respondent/Complainant
For Petitioner:Mr.A.Arputharaj
For Respondent:Mr.P.Kottai Chamy
Government Advocate (Crl. Side)
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-to enlarge the petitioner on bail in
connection with the case in S.C.No.531 of 2025
in Crime No.248 of 2017 on the file of the
learned Chief Judicial Magistrate Court, Tenkasi.
1/8
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No. 7053 of 2026
ORDER :
The Court made the following order :-
The petitioner/A2, who was arrested and
remanded to judicial custody on 23.01.2026 for
the offences punishable under Sections 417 and
420 of IPC and Sections 4(1-A), 4(1)(aaa) and
4(1)(a) of the Tamilnadu Prohibition Act, in
Crime No.248 of 2017 on the file of the
respondent police, seeks bail.
2.The petitioner is arrayed as accused in
Criem No.248 of 2017. The respondent Police after
completing enquiry, filed a final report and the
same was taken on file in S.C.No.531 of 2025 by
the learned Chief Judicial Magistrate Court,
Tenkasi and the trial was commenced. Hence, the
complaint.
3. It is not in dispute that since the
petitioner has not turned up for the hearing,
Non-Bailable Warrant (NBW) was ordered to be
https://www.mhc.tn.gov.in/judis
issued on 01.12.2025 and the same was executed on
23.01.2026 and he is still in judicial custody.
4.The learned counsel for the petitioner
would submit that the petitioner is innocent and
he has not committed any offence as alleged by
the prosecution. Hence, he prays to grant bail to
the petitioner.
5. The learned Government Advocate (Crl.
Side) appearing for the respondent would submit
that due to non-appearance, the Non-Bailable
Warrant was issued against the petitioner. Hence,
he strongly opposed to grant bail to the
petitioner.
6. This Court heard both sides and perused
the materials available on record.
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7. Considering the rival submissions made by
the learned counsel on either side, nature of
offence, and considering the fact that already
the petitioner was granted bail and thereafter,
due to non-appearance, NBW was issued and also
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 satisfaction of the learned Chief
Judicial Magistrate Court, Tenkasi , and
on further conditions that:
[b] the petitioner shall report before
the learned Chief Judicial Magistrate
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Court, Tenkasi, on all working days at
10.30 a.m., 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
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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 269 BNS.
(P D B J)
09.04.2026 vsg
https://www.mhc.tn.gov.in/judis
To
1.Thelearned Chief Judicial Magistrate Court, Tenkasi.
2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.
3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
P. DHANABAL, J
vsg
ORDER IN
Date : 09.04.2026
https://www.mhc.tn.gov.in/judis
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