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2026 DAILYLAW 44934 (MAD)

Parthiban v. The State rep by the Inspector of Police

CRL OP/17247/2026 · 2026-07-06

C Kumarappan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17247 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.17247 of 2026 Parthiban ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Tirupattur Taluk Police Station, Tirupathur District. ... Respondent(s) Crime No.507 of 2026 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in Crime No.507 of 2026 pending on the file of the respondent police. For Petitioner(s) : Mr.R.Parthiban For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who had jumped bail and remained absconding in connection with a case registered in the year 2009, seeks bail. A non-bailable warrant was issued against the petitioner on 15.06.2026. Pursuant to which he was arrested and remanded to judicial custody on 22.06.2026 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17247 of 2026 2. The learned counsel for the petitioner would submit that the non- bailable warrant came to be issued on 15.06.2026 as the petitioner could not appear before the Court due to medical ailments. He would further submit that the petitioner was arrested and remanded to judicial custody on 22.06.2026 and has been under incarceration for more than 20 days. It is his further submission that the petitioner will hereafter appear before the Court regularly and cooperate with the trial for its early disposal. Hence, he prayed for grant of bail. 3. The learned Government Advocate (Crl. Side) appearing for the respondent, while opposing the grant of bail, reiterated the prosecution case and, on instructions, submitted that due to the absence of the petitioner, no progress could be made in the criminal case, and that the trial has now reached a crucial stage. 4. Considering the above facts and circumstances and the fact that the trial has still not begun, keeping the petitioner in custody without any progress in the trial would jeopardize his liberty of which was earlier granted to him by way of bail. Hence, this Court is of the view that this is a fit case to enlarge the petitioner on bail, subject to certain conditions. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17247 of 2026 5. Accordingly, the petitioner is ordered to be released on bail on their 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 & Sessions Judge, Tirupattur, and subject to the following conditions: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity; [b] the petitioner shall report before the learned District & Sessions Judge, Tirupattur everyday at 10.30 a.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioner released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283]; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17247 of 2026 [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 06.07.2026 skr 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 the official website of this Court will be watermarked and will also have a QR code. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17247 of 2026 To 1. The learned District & Sessions Judge, Tirupattur, 2. The Superintendent, Sub Jail, Tirupattur 3. The Inspector of Police, Tirupattur Taluk Police Station, Tirupathur District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17247 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.17247 of 2026 06.07.2026 6/6 https://www.mhc.tn.gov.in/judis