George Durai @ Durai vs State Of Tamilnadu Rep By Inspector Of ...
2026 Latest Caselaw 2655 Mad

Citation : 2026 Latest Caselaw 2655 Mad
Judgement Date : 20 May, 2026

[Cites 4, Cited by 0]

Madras High Court

George Durai @ Durai vs State Of Tamilnadu Rep By Inspector Of ... on 20 May, 2026

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                            CRL OP(MD). No. 9594 of 2026



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                ( Criminal Jurisdiction )

                                                   Date : 20.05.2026

                                                      PRESENT

                                  THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR

                                            CRL OP(MD). No. 9594 of 2026


                     George Durai @ Durai                            ...Petitioner/Accused - 8
                                                        Vs

                     State of Tamil Nadu rep. by
                     The Inspector of Police,
                     Vattathikottai Police Station,
                     Thanjavur.
                     (Crime No. 79 of 2021 )                         ...Respondent/Complainant


                                     For Petitioner : Mr.S.Vishnuvardhan
                                                      Advocate.
                                     For Respondent : Mr.E.Antony Sahaya Prabahar
                                                      Additional Public Prosecutor


                           PETITION FOR BAIL Under Sec.483 of BNSS

                     PRAYER :-

                         For Bail in Cr.No. 79 of 2021 on the file of the respondent police.




                     1/6




https://www.mhc.tn.gov.in/judis
                                                                           CRL OP(MD). No. 9594 of 2026


                     ORDER :

The Court made the following order :-

The petitioner / Accused, who was arrested and remanded to

judicial custody on 06.04.2026 for the offences punishable under

Sections 399, 402 of IPC r/w 25(1)(A) of Arms Act in Crime No. 79 of

2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that based on the secret

information regarding the gathering of people armed with deadly

weapon, on 15.02.2024 at about 11.15 p.m., when the respondent police

rushed the spot, the accused flew away from the spot by leaving deadly

weapons and some cell phones. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the

petitioner was already released on bail and since the petitioner has not

turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to

be issued on 02.12.2024 and the same was executed on 06.04.2026 and

he is still in judicial custody. He would further 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.

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4. The learned Additional Public Prosecutor appearing for the

respondent would submit that due to non-appearance, the Non-Bailable

Warrant was issued against the petitioner. He would further submit that

from the first day of hearing itself the petitioner was not appeared before

the Trial Court and hence, he strongly opposed to grant bail to the

petitioner.

5. This Court heard both sides and perused the materials available

on record.

6. 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

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Rs.10,000/- (Rupees Ten Thousand only) with two sureties

each for a like sum to the satisfaction of the Vacation Court,

Thanjavur District and on further conditions that:

[b] the petitioner shall report before the learned III

Additional District and Sessions Judge, Thanjavur at

Pattukottai, on all hearing days, without seeking any

permission of the Court to dispense with his personal

appearance;

[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

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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];