Madasamy v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.02.2026 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD).No.23655 of 2025 Madasamy ..Petitioner/ Accused

Vs The State of Tamil Nadu, Rep by the Inspector of Police, Seevalaperi Police Station, Tirunelveli District. (Crime No.219 of 2022) .. Respondent/Complainant

For Petitioner : Mr.J.Vijayaraja

For Respondent : Mr.E.Antony Sahaya Prabahar

Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in S.C.No.166 of 2023 on the file of the learned IIIrd Additional District Judge, Tirunelveli in connection with Crime No. 219 of 2022 on the file of the respondent police. ORDER : This Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 16.09.2023 for the offences punishable under Sections 341, 147, 148, 109, 294(b), 302 and 506(ii) of IPC @ 341, 147, 148, 149, 109, 294(b), 302, 506(ii), 120(b) and 114 of IPC, in S.C.No. 166 of 2023 on the file of the learned IIIrd Additional District Judge, Tirunelveli, in connection with Crime No.219 of 2022 on the file of the respondent police, seeks bail.

¶2This is the third bail application filed before this Court. The learned counsel for the petitioner submitted that after the registration of the case in Crime No.219 of 2022 and the respondent police have completed the investigation and filed a charge sheet in S.C.No.166 of 2023 before the learned IIIrd Additional District Judge, Tirunelveli. He further submitted that due to non-appearance of the petitioner, the trial Court has issued NBW against the petitioner and the same was executed on 16.09.2023. He further submitted that the petitioner undertakes that he will not abscond and he will regularly appear before the Trial Court on hearing dates without fail. He further submitted that the petitioner is in judicial custody from 16.09.2023. Hence, he seeks bail.

¶3The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. He further submitted that there are 20 previous cases pending against the petitioner and he is a history sheeter. He further submitted that the trial has not been commenced. Hence, he vehemently opposed for grant of bail to the petitioner.

¶4Taking into consideration of the facts and circumstances of the case 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) with two sureties, each for a like sum to the satisfaction of the learned IIIrd Additional District Judge, Tirunelveli, and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(b) the petitioner shall appear before the learned Judicial Magistrate No.1, Madurai, daily at 10.30 a.m., and also appear before the Inspector of Police, Thallakulam Police Station, daily at 05.30 p.m., until further orders. Further, the petitioner shall appear on all the dates of hearing before the trial Court except when exempted for any justifiable reason by the jurisdictional court. The relaxation petition will not be entertained by this Court for another three months. [c] the petitioner shall not abscond either during investigation or trial. [d] the petitioner shall not tamper with evidence or witness 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] [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J)

25.02.2026 msrm To

¶1The learned IIIrd Additional Sessions Judeg, Tirunelveli.

¶2The Superintended, Central Prison, Coimbatore

¶3The learned Judicial Magistrate No.1, Madurai.

¶4The Inspector of Police, Thallakulam Police Station, Madurai.

¶5The I Inspector of Police, Seevalaperi Police Station, Tirunelveli District.

¶6The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

S.SRIMATHY,J. msrm

ORDER IN CRL OP(MD) No.23655 of 2025 Dated : 25.02.2026