Esakkimuthu @ Bose v. State Oftamilnadu Rep by Inspector of Police, Srivaikundam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Esakkimuthu @ Bose, S/o.Mariappan, Jeyajothi Nagar, Krishnapuram, Srivaikundam Taluk, Thoothukudi District.. ... Petitioner/Sole Accused Vs State Oftamilnadu Rep by, The Inspector of Police, Srivaikundam Police Station, Thoothukudi District. Crime No. 201/2022. ... Respondent/Complainant For Petitioner : Mr.Aravinthan B, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-8B. To enlarge the petitioner /accused on bail in S.C.No. 400/2023 on the file of Learned Assistant Sessions Judge, Srivaikundam and pass such further or other order as this Honble Court. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 12.06.2026 for the offences punishable under Sections 294(b), 307, 387 and 506(ii) of IPC, in S.C.No. 400 of 2023 on the file of Learned Assistant Sessions Judge, Srivaikundam, in connection with in Crime No.201 of 2022, 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 16.10.2025, NBW was ordered to be issued and the same was executed and the petitioner was arrested on 12.06.2026 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 16.10.2025, NBW came to be issued and the same was executed and the petitioner was arrested on 12.06.2026 and he is still in judicial custody. He would further submit that after issuance of warrant, he voluntarily surrendered before the jurisdictional Court in connection with other case in Crime No.435 of 2025 on 29.10.2025. While he was in custody in connection with the that case, the petitioner could not appear before the Court in the present case. 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 S.C.No. 400 of 2023 on the file of Learned Assistant Sessions Judge, Srivaikundam, is pending for examination of witnesses. He would further submit that the petitioner has 25 previous cases. 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 12.06.2026; that NBW was issued against the petitioner for the first time and that the case in S.C.No. 400 of 2023 on the file of Learned Assistant Sessions Judge, Srivaikundam, is pending for examination of the witnesses, 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 Assistant Sessions Judge, Sub Court, Srivaikundam, 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 stay at Kanchipuram and report before the Inspector of Police, Kanchipuram Town Police Station, Kanchipuram, daily at 10.30 a.m., until further orders and report before the learned Assistant Sessions Judge, Sub Court, Srivaikundam, on all hearing days at 10.30 a.m., 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 Assistant Sessions Judge, Sub Court, Srivaikundam.

2.The Superintendent, Central Prison, Madurai.

3.The Inspector of Police, Kanchipuram Town Police Station, Kanchipuram.

4.The Inspector of Police, Srivaikundam Police Station, Thoothukudi District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.18150 of 2026 Date : 20/08/2026