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2025 DAILYLAW 189879 (MAD)

YUVARAJ @ DENI @ SANTHOSH @ RAJI v. State By

CRL OP/35786/2025 · 2025-12-26

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 35786 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-12-2025 CORAM THE HONOURABLE MR.JUSTICE P. DHANABAL CRL OP No. 35786 of 2025 1. Yuvaraj @ Deni @ Santhosh @ Raji S/o. Kumar, No.105, Vettaikara Street, Magarai Village, Kodivalli Post, Tiruvallur District-600 055. Petitioner(s) Vs 1. State By The Inspector of Police Sankarapuram Police Station, Kallakurichi District. Crime No.378 of 2025 in CC No.63/2023 Respondent(s) PRAYER To enlarge the petitioner on Bail in CC No.63 of 2023, on file of Judicial Magistrate, Sankarapuram, Kallakurichi District and thus render justice. https://www.mhc.tn.gov.in/judis CRL OP No. 35786 of 2025 For Petitioner(s): Mr.S. Silambu Selvan For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (crl.Side) ORDER The petitioner, who was arrested on NBW and remanded to judicial custody on 15.10.2025, for the alleged offence punishable under Sections 457 and 380 of IPC in Crime No.378 of 2023, on the file of the respondent police, seeks bail. 2.It is a case of jumped bail. The petitioner is facing trial in CC.No.63 of 2023 on the file of the learned Judicial Magistrate, Sankarapuram, for the offences under Sections 457 and 380 of IPC. Since the petitioner did not appear before the learned Judicial Magistrate, Sankarapuram on 21.12.2023, the learned trial Judge issued Non Bailable Warrant against the petitioner and pursuant to which, the petitioner has approached this Court seeking for bail. https://www.mhc.tn.gov.in/judis CRL OP No. 35786 of 2025 3.The learned counsel for the petitioner would submit that earlier the petitioner was granted bail and thereafter, he was regularly appearing before the court and that due to unavoidable circumstances he was unable to attend the court and therefore, Non Bailable Warrant was issued against him on 21.12.2023, pursuant to which he was arrested and remanded on 15.10.2025. He would further submit that the petitioner also undertakes to appear before the trial court on all hearing dates without any default. Therefore, he prays to grant bail to the petitioner. 4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that due to non appearance of the petitioner, Non Bailable Warrant was issued and the petitioner was arrested and remanded to judicial custody on 15.10.2025. He further submitted that due to the absence of the petitioner, the trial is stalled. Hence, he opposed to grant bail to the petitioner. 5. Heard both sides and perused the materials available on record. https://www.mhc.tn.gov.in/judis CRL OP No. 35786 of 2025 6. Considering the rival submissions made by the learned counsel on either side, the nature of the offence, and also considering the period of incarceration by the petitioner and now case is posted for trial and as per the undertaking given by the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions. [a] Accordingly, the petitioner is ordered to be released on bail on his 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 Judicial Magistrate, Sankarapuram, and on further conditions that:- [b] the petitioner shall report before the learned Judicial Magistrate, Sankarapuram, on all working days at 10.30 a.m., until further orders. [c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the petitioner shall not abscond either during investigation or trial; [e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of https://www.mhc.tn.gov.in/judis CRL OP No. 35786 of 2025 the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; [f] On breach of any of the aforesaid conditions, the learned Judicial 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. kan 26-12-2025 Note: 1.Registry is directed to forthwith upload this order in the official website of this Court. 2.All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. https://www.mhc.tn.gov.in/judis CRL OP No. 35786 of 2025 To 1. The Inspector of Police Sankarapuram Police Station, Kallakurichi District. Crime No.378 of 2025 in CC No.63/2023 2.The Judicial Magistrate, Sankarapuram. 3.The Central Prison, Cuddalore. 4.The Public Prosecutor, Madras High Court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 35786 of 2025 P.DHANABAL J. kan CRL OP No. 35786 of 2025 26-12-2025 https://www.mhc.tn.gov.in/judis