Citation : 2026 Latest Caselaw 2477 Mad
Judgement Date : 13 May, 2026
CRL O.P. No.11884 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.05.2026
CORAM
The Hon`ble Mr.Justice P.DHANABAL
CRL OP.No.11884 of 2026
Mani @ Manigandan ... Petitioner
Vs
State rep. by:-
The Inspector of Police,
Pallipalayam Police Station,
Namakkal. ... Respondent
[Cr. No.115 of 2023]
PRAYER: - Criminal Original Petition filed under Section 483 of
B.N.S.S., praying to enlarge the petitioner on bail in S.C.No.14 of 2024
on the file of the learned II Additional Sessions Judge, Tiruchengode.
For Petitioner : Mr.L.Ramanathan
For Respondent : Mr.R.Vinothraja
Government Advocate (Criminal side)
ORDER
The petitioner/A2 seeks bail in S.C.No.14 of 2024 in Crime
No.115 of 2023 pending on the file of the II Additional Sessions Judge,
Tiruchengode, for the offence punishable under Sections 174 of Cr.P.C
@ Sections 302 of 34 of IPC. The petitioner has been remanded to
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judicial custody on 16.12.2025 on execution of NBW issued against him
on 23.04.2025.
2.Learned counsel for the petitioner submitted that the petitioner is
an accused facing trial in S.C.No.14 of 2024 on the file of II Additional
Sessions Judge, Tiruchengode. He further submitted that since the
petitioner was unable to appear before the trial Court, he was issued with
the non-bailable warrant on 23.04.2025, and pursuant to the same, he was
arrested on 16.12.2025. He also submitted that the petitioner will
undertake that hereafter he will regularly appear before the trial court on
all hearing dates and also stated that he is prepared to comply with any
stringent conditions that may be imposed by this Court. Therefore, he
prays for grant of bail to the petitioner.
3. Learned Government Advocate (Crl.Side) appearing for the
respondent submitted that since the petitioner, facing trial in S.C.No.14 of
2024 on the file of II Additional Sessions Court Tiruchengode, has failed
to appear before the trial Court and therefore, the trial Court has issued a
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NBW against the petitioner on 23.04.2025, and pursuant to which, he was
arrested and remanded to judicial custody on 16.12.2025. Hence, he
oppose for grant of bail to the petitioner.
4. Heard the learned counsel for the petitioner and the learned
Government Advocate (Crl.Side) and perused the materials available on
record.
5. Considering the fact that bail was already granted to the
petitioner and thereafter NBW was issued and thereafter, the same has
been executed, and considering the period of incarceration undergone by
the petitioner and also considering the fact that after completion of
investigation, final report has also been filed and now the case is posted
for trial and also considering the undertaking given by the petitioner that
he is ready to co-operate for speedy disposal of the trial, this Court is
inclined to grant bail to the petitioner with certain 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
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of the learned Judicial Magistrate, Kumarapalayam and on further
conditions that:
[b] the petitioner shall report before the trial Court daily at
10.00 a.m. until further orders;
[c] the petitioner shall not commit any offence similar to the
offence of which he is accused, or suspected, or of the commission of
which he 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 him 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 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].
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[g] If the accused thereafter absconds, a fresh FIR can be
registered under Section 229A IPC.
13.05.2026 Index: Yes/No Internet: Yes/No Speaking/Non Speaking order 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 Judicial Magistrate, Kumarapalayam.
2.The Public Prosecutor, Madras High Court, Chennai.
3.The Inspector of Police, Pallipalayam Police Station, Namakkal.
4. The Central Prison, Salem.
https://www.mhc.tn.gov.in/judis
P.DHANABAL,J
mp
13.05.2026
https://www.mhc.tn.gov.in/judis
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