S. Sabari v. State Represented by Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

09.09.2025, for the alleged offence punishable under Sections 191(2), 191(3), 126(2), 296(b), 115(2) and 109 of BNS r/w. 190 of BNS and section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 in Crime No.760 of 2024, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner herein was earlier arrested and released on bail and subsequently jumped bail. Hence, the Non Bailable Warrant was issued on 24.07.2025 and executed on 09.09.2025 and he was in custody.

¶3Learned counsel appearing for the petitioner submitted that during the PRC stage the petitioner has regularly appeared and due to illness and he did not appear for few days and hence Non Bailable Warrant was issued and the petitioner is in custody. He further submitted that now case is committed to Sessions and he is ready to cooperate with the trial process. Hence, he prayed for grant of bail to the petitioner.

¶4Learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that totally 11 accused in this case and the petitioner is ranked as A1 and some of the accused still absconding and Non Bailable Warrant was pending against them. He further Page3 of 6 submitted that the petitioner is having 13 previous cases. Hence, he opposed for grant of bail to the petitioner.

¶5Heard both sides and perused the materials available on record including the First Information Report.

¶6Considering the above fact that the petitioner is in incarceration from

09.09.2025 and though there are previous cases reported, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his 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 Principal District and Sessions Judge, Poonamallee @ Thiruvallur, and on further conditions that:- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioner shall report before the trial Court daily at 10.30 a.m., for a period of four weeks . [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or Page4 of 6 witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, the learned 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S. 13-02-2026 MPA 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. Page5 of 6 To

1.The II Additional Principal District and Sessions Judge, Poonamallee @ Thiruvallur.

2.State Represented by Inspector of Police T-15, S.R.M.C.Police Station, Tiruvallur District. Crime No. 760/2024.

3.The Superintendent, Central Prison, Puzhal-II.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o1731oofo2026 K.RAJASEKAR,oJ. MPA CRLoOPoNo.o1731oofo2026 13-02-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-02-2026 CORAM THE HON'BLE MR.JUSTICE K.RAJASEKAR S. Sabari S/o.Selvam, Door No. 1378, Stalin Nagar 5th Street, Kattupakkam, Tiruvallur. ..Petitioner(s) Vs State Represented by Inspector of Police T-15, S.R.M.C.Police Station, Tiruvallur District. Crime No. 760/2024. ..Respondent(s) PRAYER: To enlarge the petitioner on bail in the above said S.C.No. 419/2025 pending on the file of the II Additional Principal District and Sessions Judge, Poonamallee @ Thiruvallur and thus render justice. For Petitioner(s): D. Dhanasekar For Respondent(s): Mr.A.Gopinath Government Advocate(Crl. Side) Page2 of 6