Citation : 2026 Latest Caselaw 1932 Mad
Judgement Date : 16 April, 2026
Crl.O.P.No.9443 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.04.2026
CORAM
THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN
Crl.O.P.No.9443 of 2026
Manoj, S/o.Lakshmannan ... Petitioner
Vs.
State rep. By
The Inspector of Police,
H5- New Washermenpet Police Station,
Chennai. (Crime No.299 of 2026) ... Respondent
PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in relation to
S.C.No.241 of 2023 in Crime No.299 of 2022 on the file of the I Additional
Sessions Judge, Chennai.
For Petitioner : Mr.R.Ganesan
For Respondent : Mr.S.Vinoth Kumar
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
07.02.2026, on execution of a Non-bailable warrant issued by the learned I
Additional Sessions Judge, Chennai for the alleged offence under Sections
120(B), 302, 120(B), 148 read with 149, 302 of IPC (under Sections 61, 103,
61, 191(2) read with 190, 302 of BNSS) pending trial in S.C.No.241 of 2023,
in respect of Crime No.299 of 2022 on the file of the respondent police, seeks
bail.
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2. The allegations against the petitioner is that he was involved in a case
of murder. The case has been taken on file in S.C.No.241 of 2023 on the file of
the learned I Additional Sessions Judge, Chennai. On 10.11.2025, the petitioner
did not appear before the Court and therefore, a Non-Bailable Warrant (NBW)
was issued. Subsequently, the petitioner was arrested by the respondent police
and produced before the Trial Court on 07.02.2026.
3. The learned counsel for the petitioner submitted that the petitioner
petitioner is in custody since 07.02.2026 and he is ready to abide by any
stringent conditions that may be imposed by this Court. Hence, he prays to grant
bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the
respondent Police reiterated the prosecution's case and, on instructions
submitted that case is currently in the charge framing stage. Hence, he opposes
the to grant of bail to the petitioner.
5. I have considered the submissions made on both sides and also perused
the records available.
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6. Considering the totality circumstances of the case and on the fact that
the petitioner has been in incarceration since 07.02.2026, this Court is of the
view that, no more custodial interrogation of the petitioner is required, hence,
this Court is inclined to grant bail to the petitioner, subject to certain conditions.
7. Accordingly, the petitioner is ordered to be released on bail on his
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 the learned I
Additional Sessions Judge, Chennai, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;
[b] the petitioner shall report before the concerned trial Court daily at 10.30 a.m., regularly until completion of the trial proceedings;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;
[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass
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C.KUMARAPPAN,J.
mp
appropriate orders against the petitioner in accordance with law as if the aforementioned 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)13 SCC 283];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
16.04.2026 mp
Note:
1. Registry is directed to forthwith upload this order in the Official Website of this Court.
2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR code.
To:
1.The I Additional Session Judge, Chennai.
2.The Inspector of Police, H5- New Washermenpet Police Station, Chennai.
3.The Superintendent, Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
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