Sujith Singh v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/08/2026 CORAM THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR CRL OP(MD). No.17577 of 2026 Sujith Singh

... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep By, The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District. Cr.No.606 of 2021. ... Respondent/Complainant PRAYER :- To enlarge the petitioner on bail in S.C.No.156 of 2024 arising out of Cr.No.606 of 2021 on the file of the learned Additional Sessions Judge, Kanyakumari at Nagercoil, on such terms and conditions as this Hon`ble Court may deem fit and proper. For Petitioner : Ananth, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on

16.06.2026 for the offences punishable under Sections 103(1) & 311 of BNS, 2023, in SC.No.156 of 2024 pending on the file of the learned Additional Sessions Judge, Kanyakumari at Nagercoil, in connection with Crime No.606 of 2021 on the file of the respondent police, seeks bail.

¶2The prosecution case is that the petitioner was earlier released on bail and subsequently, the final report was filed. Thereafter, due to the non-appearance of the petitioner, Non Bailable Warrant was issued against him on 28.04.2026. and the same was executed on 16.06.2026 and hence, this petition.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. He further submitted that the petitioner has regularly appeared before the trial Court for the past two years and that, since he did not turn up for one hearing on 28.04.2026, a Non-Bailable Warrant was issued against him. The warrant was issued against the petitioner for the first time, and he has been in custody from

16.06.2026 onwards. Hence, he prayed for grant of bail to the petitioner.

¶4The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that it is case of jumped out bail and due to non-appearance of the petitioner, Non Bailable Warrant was issued against him on 28.04.2026. and the same was executed on 16.06.2026 and now, the case stands posted on 18.08.2026 for trial. He further submitted that though the petitioner is not having bad antecedents, if he is released on bail, there is every possibility of absconding, he opposed to grant bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Considering the facts and circumstances of the case, particularly that the non-bailable warrant was issued for the first time in the present case; that the petitioner had been regularly appearing before the trial Court for the past two years and was unable to appear on one hearing date, which resulted in the issuance of the non-bailable warrant; and taking note of the period of incarceration undergone by the petitioner from 16.06.2026 and the fact that he has no adverse antecedents, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and 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 Additional Sessions Judge, Kanyakumari at Nagercoil, and on further conditions that;

(i)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;

(ii)the petitioner shall report before the trial Court, daily at 10.30 a.m., on all working days until further orders;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial;

(v)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];

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023.

(K M S J)

17.08.2026 dss TO

1.The Additional Sessions Judge, Kanyakumari at Nagercoil,

2.The Superintendent, Sub Jail, Nagercoil.

3.The Inspector of Police, Aralvaimozhi Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J dss ORDER IN CRL OP(MD) No.17577 of 2026 Date : 17/08/2026