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2026 DAILYLAW 50434 (MAD)

Kanniyappan v. The State Rep By, The Inspector of Police

CRL OP/17019/2026 · 2026-07-17

G K Ilanthiraiyan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.17019 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.07.2026 CORAM THE HONOURABLE Mr. JUSTICE G.K. ILANTHIRAIYAN Crl.O.P.No.17019 of 2026 Kanniyappan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Dharapuram Police Station, Tiruppur District. ... Respondent(s) Crime No.174 of 2024 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in SC.No.198 of 2025 on the file of the Principal Sessions Judge, Tirupur in connection with Crime No.174 of 2024. For Petitioner(s) : Mr.C.S.Saravanan For Respondent(s) : Mr.S.Yogaraja Sekar, Government Advocate (Crl.Side) ORDER The petitioner, who had earlier jumped bail, was issued a non-bailable warrant on 04.09.2025, pursuant to which he was arrested and remanded to judicial custody on 08.06.2026. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17019 of 2026 2. The learned counsel for the petitioner would submit that the non-bailable warrant came to be issued on 04.09.2025 as the petitioner could not appear before the Trial Court due to medical ailments. He would further submit that the petitioner was arrested and remanded to judicial custody on 08.06.2026 and has been under incarceration for more than 40 days. It is his further submission that the case is now posted for framing of charges, which factum was not seriously disputed by the learned Government Advocate (Crl. Side). He further submitted that the petitioner would hereafter appear before the Trial Court regularly and cooperate with the trial for its early disposal. Hence, he prayed for the 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 Sessions Case. He further submitted that the petitioner has now engaged a counsel to defend him in the Sessions Case. 4. Considering the above facts and circumstances, particularly the period of incarceration undergone by the petitioner after his arrest pursuant to the non- bailable warrant, the fact that the case is still at the stage of framing of charges, and the undertaking given by the petitioner that he would appear before the Trial 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17019 of 2026 Court regularly and cooperate with the trial, this Court is of the view that further detention of the petitioner would serve no useful purpose. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 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 Principal Sessions Judge, Tiruppur 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 Trial Court everyday at 10.30 a.m. for a period of four weeks and on all hearing dates and thereafter as and when required for interrogation; [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; 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17019 of 2026 [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 petitioners 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]; [f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023. 17.07.2026 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.17019 of 2026 To 1. The learned Principal Sessions Judge, Tiruppur 2. The Superintendent, Central Prison, Coimbatore 3. The Inspector of Police, Dharapuram Police Station, Tiruppur District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.17019 of 2026 G.K. ILANTHIRAIYAN, J. skr Crl.O.P.No.17019 of 2026 17.07.2026 6/6 https://www.mhc.tn.gov.in/judis