Arjunan v. The State of Tamilnadu Rep. by the Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Arjunan, S/o.Thavasithevar, W1 , Kombai Road, Cumbum, Theni District.. ... Petitioner/Accused No.4 Vs The State of Tamilnadu Rep By, The Inspector of Police, Cumbum North Police Station, Theni. Crime No.113/2017. ... Respondent/Complainant For Petitioner : Mr.M.Karunanithi, Advocate. For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-32B. To enlarge the petitioner /accused No.4 on bail in C.C.No.371/2017 on the file of the Learned District and Sessions Judge, Communal Clash Cases Court, Madurai (FAC) connection with the FIR in Cr.No. 113/2017 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.4, who was arrested and remanded to judicial custody on 10.07.2026 for the offences punishable under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act, in C.C.No.371 of 2017 on the file of the Learned District and Sessions Judge, Communal Clash Cases Court, Madurai (FAC) in connection with the FIR in Crime No.113 of 2017 on the file of the Respondent Police, seeks bail.

2.It is not in dispute that since the petitioner has not turned up for the hearing on 05.11.2024, NBW was ordered to be issued and the same was executed and the petitioner was arrested on 10.07.2026 and he is still in judicial custody.

3.The learned counsel for the petitioner would submit that since the petitioner has not turned up for the hearing on 05.11.2024, NBW came to be issued and the same was executed and the petitioner was arrested on 10.07.2026 and he is still in judicial custody. He would further submit that at the time of issuing warrant, the petitioner was already in judicial custody in connection with C.C.No.139 of 2020 on the file of the learned I Additional Special Sessions Judge, Madurai and subsequently, he was convicted vide judgment dated 11.04.2023 and sentenced to undergo six months rigorous imprisonment. While he was in jail, the present NBW came to be issued. He would further submit that the NBW was issued against him for the first time. Hence, he prayed to grant bail to the petitioner.

4.The learned Counsel for State of TN (Crl. Side) appearing for the respondent Police would submit that the case in C.C.No.1063 of 2022 on the file of the learned District and Sessions Judge, Communal Clash Cases Court, Madurai, is pending trial. He would further submit that the petitioner is involved in two previous cases in small quantity. Hence, he opposed to grant bail to the petitioner.

5.Considering the above facts and circumstances and also the facts that the petitioner is in judicial custody from 10.07.2026; that NBW was issued against the petitioner for the first time and that the case in C.C.No. 1063 of 2022 on the file of the learned District and Sessions Judge, Communal Clash Cases Court, Madurai, is pending trial, this Court is inclined to grant bail to the petitioner subject to the following conditions.

6.Accordingly, 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 District and Sessions Judge, Communal Clash Cases Court, Madurai, and on further conditions that;

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(b)the petitioner shall report before the learned District and Sessions Judge, Communal Clash Cases Court, Madurai daily at 10.30 a.m., on all working days, until further orders;

(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 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]; and;

(f)if the accused / petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

(K M S J)

20.08.2026 VSG TO

1.The learned District and Sessions Judge, Communal Clash Cases Court, Madurai.

2.The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Cumbum North Police Station, Theni.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.17151 of 2026 Date : 20/08/2026