Elavarasi v. The State of Tamilnadu Rep by

ORDER This Criminal Original Petition is filed, challenging the order dated

10.06.2026 made in Crl.M.P.No.654 of 2026 in Crl.M.P.No.406 of 2026.

¶2Originally, by an order dated 04.03.2026 in Crl.M.P.No.406 of 2026, the petitioners were granted anticipatory bail in Crime No.34 of 2026 registered for the offences punishable under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023. However, even though the petitioners surrendered and executed Page2 of 6 sureties, they did not comply with the conditions imposed on them to appear before the respondent police at 10.00.a.m. for a period of 30 days. Considering the fact that the petitioners did not comply the condition and appear before the respondent police even for a single day, an application was moved by the prosecution in Crl.M.P.No.654 of 2026, which was allowed and the bail granted to the petitioners was cancelled. Aggrieved by the same, the petitioners have come before this court.

¶3The learned counsel for the petitioner submitted that there was a miscommunication between the accused persons and their counsel and the counsel did not inform the petitioners that they should sign before the respondent police every day. As a matter of fact, the investigation has been completed and charge sheet has been filed and the same has been taken on file by the Judicial Magistrate-II, Ulundurpet in C.C.No.193 of 2026 and the next date of hearing in the above case is 13.07.2026. All the petitioners will appear before the Magistrate Court without fail and they will co-operate for Trial.

¶4Per contra, learned counsel for Government of Tamilnadu (Crl.side) would submit that when the petitioners were granted anticipatory bail, they were duty bound to comply with the conditions and non compliance entails the cancellation of bail and the Trial Court has rightly exercised its jurisdiction. Page3 of 6

¶5I have considered the rival submissions made on either side and perused the material records of the case.

¶6No exception can be taken to the findings of the learned Principal Sessions Judge, in as much as the petitioners failed to comply with the condition. However, I take into account only the background of the parties. The very nature of the compliant itself is with reference to the harvesting of Solam (nrhsk;) and cultivating in a particular piece of land.

¶7Considering the background of the parties, I am of the view that this is not a case, where they should not send back to jail, especially, when the investigation has been completed and charge sheet has been filed. In view thereof, this criminal original petition stands allowed on the following terms.

i) The order dated 10.06.2026 made in Crl.M.P.No.656 of 2026 stands set aside and consequently, instead of cancelling the bail, an opportunity is given to the petitioners to sign before the respondent police for a period of 15 days from the date of receipt of copy of this order.

ii) Additionally, the petitioners shall appear before the Judicial Magistrate-II, Ulundurpet for the hearing in C.C.No.193 of 2026 on 13.07.2026 without fail and cooperate for the conduct of the trial. Page4 of 6

¶8With the above directions, this criminal original petition stands allowed. consequently, connected miscellaneous petition is closed. 02-07-2026 Index: Yes/No Speaking order MST To

¶1The Principal District and Sessions Judge, Kallakurichi.

¶2The Judicial Magistrate-II, Ulundurpet,

¶3The Sub Inspector of Police, Kalamaruthur Police Station, Kallakurichi District.

¶2The Public Prosecutor, Madras High Court. Page5 of 6 CRLoOPoNo.o16901oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. MST CRLoOPoNo.o16901oofo2026 02-07-2026 Page6oofo6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16901 of 2026 and CRL MP No.11213 of 2026 1. Elavarasi, W/o.Mohan, No.1/66, Mariyamman Kovil Street, Athipakkam Village, Periyakurukkai Post, Ulunthurpet Taluk, Kallakurichi District - 607 201. 2. Mohan, S/o.Naiyna, No.67B, North Street, Athipakkam Village, Periyakurukkai Post, Ulundurpet Taluk, Kallakurichi District - 607 201. 3. Velu, S/o.Appavu, No.1/66, North Street, Athipakkam Village, Periyakurukkai Post, Ulundurpet Taluk, Kallakurichi District - 607 201. 4. Ramesh, S/o.Muniyan, No.276, South Street, Athipakkam Village, Periyakurukkai Post, Ulundurpet Taluk, Kallakurichi District - 607 201. ..Petitioner(s) Vs The State of Tamilnadu Rep by The Sub Inspector of Police, Kalamaruthur Police Station, Kallakurichi District. Crime no.34 of 2026. ..Respondent(s) Page1 of 6 Prayer: Criminal Original Petition is filed under Section 528 of BNSS to call for the entire records relating to the order dated 10.06.2026 made in Crl.M.P.No.654 of 2026 in Crl.M.P..No.406 of 2026 on the file of the Learned Principal District and Sessions Judge, Kallakurichi and set aside the same and consequently restore the order dated 04.03.2026 granting anticipatory Bail to the petitioners in Crl.M.P.No.406 of 2026 and permit the petitioners to continue on bail with liberty to this Honourable Court to impose such further or other conditions as this Honoruable Court may deem fit and proper in the circumstance of the case. For Petitioner(s): Mr. M.Elumalai For Respondent(s): Mr.R.Rajasekaran, Counsel for Govt. of Tamil Nadu (Criminal Side)