The State of Tamilnadu Rep. by v. Nithish @ Nitheesh Kumar

ORDER The State has come forward with this petition seeking cancellation of bail granted to the respondent in Crl.M.P.No.2968 of 2022 dated 21.07.2022 on the file of the learned Principal District and Sessions Judge, Sivagangai.

¶2The learned counsel for the State (Crl. Side) submitted that the respondent was arrested in Crime No.16 of 2022 for the alleged offences under Section 174 of Cr.P.C @ 147, 148, 341, 302 and 201 of IPC, on the file of the Inspector of Police, Thiruppuvanam Police Station, Sivagangai District and he was released on bail by the Sessions Court in Crl.M.P.No.2968 of 2022 by order dated

21.07.2022. However, after released on bail, the respondent was involved in 10 cases including one murder case and hence, the learned counsel prays to cancel the bail granted to the respondent herein.

¶3Though notice was served on the respondent and his name is printed in the cause list, he has not come forward to either appear in person or represented through a counsel.

¶4On careful perusal of the order passed by the Sessions Court, it is seen that the respondent was released on bail by order dated 21.07.2022. I have also gone through the list of cases furnished by the State, involving the respondent. It shows that the respondent, after released on bail, was involved in 10 other cases including the offence under Section 302 IPC in Crime No.26 of 2023 on the file of the Othakadai Police Station, Madurai District. The Apex Court in State of Karnataka Vs. Sri Darshan etc., reported in 2025 SCC OnLine SC 1702, has elaborately discussed all the previous legal positions and approach of the Courts while considering the annulment of bail orders, cancellation of bail by observing as follows: ''(B) Cancellation of bail

18.10. As per Halsbury's Laws of England, the grant of bail does not set the accused at liberty in the absolute sense but merely shifts custody from the State to the sureties. Consequently, cancellation of bail entails an assessment of whether the accused has abused the liberty so conferred.

18.11. In Dolat Ram v. State of Haryana (supra), this Court delineated broad, though not exhaustive, grounds justifying cancellation of bail, including: • Interference or attempt to interfere with the due course of justice; • Evasion of justice; • Abuse of the concession of bail; • Likelihood of the accused fleeing from justice.

18.12. In Abdul Basit v. Abdul Kadir Choudhary, (2014) 10 SCC 754, this Court elaborated the circumstances in which bail granted under Section 439(2) of Cr.P.C. may be cancelled, including where the accused: • engages in similar criminal activity post-bail; • interferes with or obstructs the investigation; • tampers with evidence or influences witnesses; • intimidates or threatens witnesses; • attempts to abscond or evade judicial process; • becomes unavailable or goes underground; • violates the conditions imposed or evades the control of sureties.''

¶5In this case, the respondent, after released on bail, has misused the liberty and involved in continous criminal cases including a murder case and if the respondent is allowed to enjoy the bail, it is clear case of abuse of process of Court, this Court is of the view that it is a fit case to cancel the bail. Accordingly, the bail granted to the respondent by the learned Principal Sessions Judge, Sivagangai, in Crl.M.P.No.2968 of 2022 dated 21.07.2022, stands cancelled and the respondent shall surrender before the Trial Court within a period of two weeks from today, failing which, the police shall take steps to secure the accused.

¶6Accordingly, this Criminal Original Petition is allowed. 15-07-2026 Lm To

1.The Principal District and Sessions Judge, Sivagangai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

K.RAJASEKAR, J.

Lm Crl.O.P.(MD).No.10874 of 2026

15.07.2026

CRL OP(MD) NO. 10874 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15-07-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL OP(MD) NO. 10874 of 2026 The State of Tamil Nadu Rep. by, The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. (Crime No.16 of 2022) Petitioner(s) Vs Nithish @ Nitheesh Kumar Respondent(s) For Petitioner(s): Mr.T.Lenin Kumar Counsel for State of TN (Crl. Side) For Respondent(s): No appearance Prayer: To cancel the bail granted to respondent/petitioner/accused No.5 in Crl.M.P.No.2968 of 2022 dated 21.07.2022 passed by the learned Principal District and Sessions Judge, Sivagangai.