Thiyagu @ Thiyagarajan v. The State Rep by the Inspector of Police

ORDER The petitioner, who had jumped bail and remained absconding in connection with a case registered in the year 2021, seeks bail. A non-bailable warrant was issued against the petitioner on 01.06.2026. Pursuant to which he was arrested and remanded to judicial custody on 14.06.2026

¶2The learned counsel for the petitioner would submit that the non-bailable warrant came to be issued on 01.06.2026 as the petitioner could not appear before the Trial Court due to medical ailments. He would further submit that the petitioner was arrested and remanded to judicial custody on 14.06.2026 and has been under incarceration for more than 20 days. It is his further submission that the petitioner would hereafter appear before the Trial Court regularly and cooperate with the trial for its early disposal. He would also submit that this is the first occasion on which a non-bailable warrant has been issued against the petitioner. Hence, he prayed for the grant of bail.

¶3The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that due to the absence of the petitioner, no progress could be made in the criminal case, and that the trial has now reached a crucial stage.

¶4Considering the above facts and circumstances, particularly the fact that this is the first occasion on which a non-bailable warrant has been issued against the petitioner, and also the fact that the trial has not yet commenced, this Court is of the view that continued incarceration of the petitioner, without any progress in the trial, would unnecessarily curtail the liberty earlier granted to him by way of bail. Accordingly, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

¶5Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned II Additional District and Sessions Court, Arakkonam, Ranipet District, and subject to the following conditions: [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 learned II Additional District and Sessions Judge, Arakkonam, Ranipet District, everyday at 10.30 a.m. until further orders; [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 petitioners 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.

06.07.2026 skr Note:

¶1Registry is directed to forthwith upload this order in the Official Website of this Court.

¶2All 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

¶1The learned II Additional District and Sessions Court, Arakkonam, Ranipet District,

¶2The Superintendent, Central Prison, Vellore

¶3The Inspector of Police, Arakkonam Town Police Station, Ranipet District

¶4The Public Prosecutor, High Court of Madras C.KUMARAPPAN,J. skr

06.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Thiyagu @ Thiyagarajan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Arakkonam Town Police Station, Ranipet District. ... Respondent(s) Crime No.263 of 2021 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in S.C.No.79 of 2024 on the file of the II Additional District and Sessions Court, Arakkonam, Ranipet District. For Petitioner(s) : Mr.P.Raman For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side)