J.Shantu@Santhosh Kumar@Santha Kumar vs State Rep. By Inspector Of Police
2026 Latest Caselaw 2335 Mad

Citation : 2026 Latest Caselaw 2335 Mad
Judgement Date : 6 May, 2026

[Cites 3, Cited by 0]

Madras High Court

J.Shantu@Santhosh Kumar@Santha Kumar vs State Rep. By Inspector Of Police on 6 May, 2026

                                                                            CRL OP No. 11908 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                  DATED: 06-05-2026
                                                        CORAM
                                  THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI
                                                CRL OP No. 11908 of 2026

                J.Shantu@Santhosh Kumar @ Santha Kumar
                                                                                     ..Petitioner
                                                          Vs
                State Rep.by
                The Inspector of Police,
                V-4, Rajamangalam Police Station,
                Chennai District.
                Crime No.558 of 2019                                               ..Respondent


                Prayer: Criminal Original Petition filed under section 483 of B.N.S.S,2023,
                to enlarge the petitioner on bail in SC No.44 of 2024 pending on the file of X
                Additional Judge, City Civil Court, Chennai.


                              For Petitioner:           Mr.P.Muthamizh Selvakumar

                              For Respondent:           Mr.V.J.Priyadarsana
                                                        Government Advocate (Crl.Side)


                                                        ORDER

The petitioner, who was arrested and remanded to judicial custody on

25.02.2026 for the alleged offences under Sections 341, 147, 148, 302, 506(ii)

r/w 149 of IPC under NBW, in SC No.44 of 2024 on the file of the respondent

police, seeks bail.

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2. It is the case of the prosecution that NBW was issued against the

petitioner by the trial Court on 08.10.2025 due to his non appearance.

Therefore, he was arrested and secured to the judicial custody on 25.02.2026 by

the respondent police on execution of NBW.

3. Learned counsel for the petitioner would submit that the petitioner was

arrested in the case of Crime No.341 of 2025 and he was under the judicial

custody. He would further state that his non appearance before the trial Court is

neither wilful nor wanton. He would further state that the petitioner is suffering

incarceration from the date of his arrest. Hence, prays for bail.

4. The learned Government Advocate (Criminal Side) would submit that

NBW issued against the petitioner by the trial Court on 08.10.2025 could be

executed by the respondent police only on 25.02.2026. Hence, he opposed for

the grant of bail.

5. At this juncture, the learned counsel for the petitioner submitted that

the petitioner, without prejudice to his defence and contention, is ready and

willing to deposit an amount of Rs.25,000/- to any association. Hence, he prays

for grant of bail to the petitioner.

6. Heard both sides and perused the materials available on record.

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7. Considering the facts and circumstances of the case and the nature of

the allegations and the submissions made by learned counsel on either side, and

taking note of the period of incarceration undergone by the petitioner as well as

the fact that the petitioner has volunteered to deposit a sum of Rs.25,000/- to the

credit of the 'Tamil Nadu Advocates' Clerks Association, Chennai', this

Court is inclined to grant bail to the petitioner subject to certain conditions.

8. Accordingly, the petitioner shall deposit a sum of Rs.25,000/- (Rupees

Twenty Five Thousand only) as cost to the Tamil Nadu Advocate Clerk

Association, Chennai, Account No. 484026006, Branch: Indian Bank High

Court, IFSC No.IDIB000M157 and on such deposit, the petitioner is ordered

to be released on bail on his 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 X Additional Judge, City Civil Court, 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 respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

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[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 take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

06-05-2026

nvi/kas

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.

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