Citation : 2026 Latest Caselaw 2607 Mad
Judgement Date : 14 May, 2026
CRL OP No. 12643 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-05-2026
CORAM
THE HON'BLE MR.JUSTICE P. DHANABAL
CRL OP No. 12643 of 2026
Raj @ Rajesh
S/o. Kanniyappan,
No.14, Ambethkar Street,
Paranur,
Kancheepuram District
..Petitioner(s)
Vs
The State Represented by
The Inspector of Police,
Somangalam Police Station,
Kancheepuram District.
(Crime No.492 of 2012)
..Respondent(s)
Prayer: This Criminal Original Petition is filed under Section 483 of BNSS,
2023, to enlarge the petitioner on bail concerned in S.C.No.152 of 2025 pending
trial before the learned Additional District Judge, Kancheepuram.
For Petitioner(s): Mr.C.C.Chellappan
For Respondent(s): Mr.R.Vinothraja
Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on
12.06.2025 for the alleged offence under Sections 120(b), 147, 148, 341, 307,
302, 109 r/w 149 of IPC and Section 3 & 5 of Expolosive Substances Act, 1908,
in Crime No.492 of 2012, on the file of the respondent police, seeks bail.
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2. The learned counsel for the petitioner submitted that the petitioner is an
accused facing trial in S.C.No. 152 of 2025 on the file of the learned Principal
District and Sessions Judge, Kancheepuram. He further submitted that owing to
the petitioner's inability to appear before the trial Court, a Non-Bailable Warrant
was issued against him and the same came to be executed on 12.06.2025. It is
also submitted that the petitioner undertakes to regularly appear before the trial
Court on all future hearing dates without fail, and is prepared to comply with
any stringent conditions that may be imposed by this Court. Hence, he prays for
the grant of bail to the petitioner.
3. The learned Government Advocate (Criminal Side) appearing for the
respondent police submitted that the petitioner, who is facing trial in S.C.No.
152 of 2025 on the file of the learned Principal District and Sessions Judge,
Kancheepuram, failed to appear before the trial Court, whereupon the trial
Court issued a Non-Bailable Warrant against him, and he was subsequently
arrested on 12.06.2025. He would also submit that there are 42 previous cases
pending against the petitioner. Therefore, he vehemently opposed the grant of
bail to the petitioner.
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4. Heard both sides and perused the materials available on record.
5. Considering the nature of allegations, already petitioner was granted
bail and due to his non-appearance, NBW was executed and the petitioner was
arrested on 12.06.2025 and already investigation has been completed, charge
sheet has been filed and the case is posted for trial, and that though there are
several cases pending against the petitioner, they are not of similar nature, and
also considering the period of incarceration suffered by the petitioner, this Court
is inclined to grant bail to the petitioner, subject to certain conditions
[a] Accordingly, 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 Additional District
Judge, Kancheepuram, and on further conditions that:-
[b] the petitioner shall report before the trial Court daily at 10.30.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
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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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under
Section 269 BNS.
14-05-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No
TSG
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To
1. The Additional District Judge, Kancheepuram.
2. The Inspector of Police, Somangalam Police Station, Kancheepuram District.
3. The Superintendent, Central Prison-II, Puzhal, Chennai
4. The Public Prosecutor, High Court, Madras
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P.DHANABAL, J.
TSG
14-05-2026
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