Bhadhusha v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Bhadhusha, S/o.Thippusulthan, No.15, Kuppapillai Thoppu 2nd Street, Southveli Street, Madurai.. ... Petitioner/A3 Vs The State of Tamilnadu, Rep by the Inspector of Police, Jaihindpuram Police Station, Madurai City, Madurai, Crime No.1199/2010.. ... Respondent/Complainant For Petitioner : Mr.S.Asaithambi, Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :-C-31B For Bail in Crime No.1199/2010 on the file of the respondent police. ORDER : The Court made the following order :-

The petitioner, who was arrested and remanded to judicial custody on 20.01.2026 based on the NBW issued by the trial Court, for the offences punishable under Sections 341, 395 and 506(ii) of IPC, in Crime No.1199 of 2010 on the file of the respondent police, which was taken on file as P.R.C.No.51 of 2018, seeks bail.

¶2The learned counsel for the petitioner submitted that the petitioner was regularly appeared before the trial Court. On 30.08.2022, the petitioner was not able to attend the trial Court since he was working in aborad. Hence, the trial Court issued NBW against the petitioner and he is in judicial custody from 20.01.2026. Hence, he seeks bail to the petitioner.

¶3The learned Additional Public Prosecutor submitted that the petitioner has jumped out of bail during trial and thereafter he was secured through NBW on 20.01.2026. He further submitted that the case was ended into acquittal in respect of A4 and A5 on 13.12.2018. Hence, he opposed for grant of bail to the petitioner.

¶4Taking into consideration of the facts and circumstances of the case and the petitioner is jumped out of bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

¶5Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-IV, Madurai District, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b]The petitioner shall surrender his passport before the trial Court. Further, the petitioner shall report before the trial Court daily at 10.30 a.m., and for all hearing dates without fail; [c] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [d] the petitioner shall not abscond 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 is 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 BNS. (S S Y J)

05.02.2026 VSG TO

1.The Judicial Magistrate-IV, Madurai District.

2.The Officer-in-Charge, Sub Jail, Thirumangalam, Madurai District.

3.The Inspector of Police, Jaihindpuram Police Station, Madurai City, Madurai.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. S.SRIMATHY,J., VSG ORDER IN CRL OP(MD) No.2227 of 2026 Date : 05/02/2026