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2026 DAILYLAW 51134 (MAD)

Sundararaju v. The State of Tamilnadu Rep by the Inspector of Police,

CRL OP(MD)/14496/2026 · 2026-07-16

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.14496 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16.07.2026 PRESENT THE HONOURABLE MR. JUSTICE K. RAJASEKAR CRL OP(MD). No. 14496 of 2026 Sundararaju ...Petitioner Vs State of Tamil Nadu rep. by The Inspector of Police, Thirumayam Police Station, Pudukkottai District. (Crime No.128 of 2024) ...Respondent/Complainant For Petitioner : Ms.T.Seeni Syed Amma Advocate For Respondent : Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 128 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 05.07.2026, for the offences punishable under Sections 115(2), 118(1), 191(2), 296(b), 351(3) of BNS, in Crime No.128 of 2024 on the file of 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14496 of 2026 the respondent police, seeks bail. 2. The case of the prosecution is that the petitioner is that he was involved in the offences alleged in the case registered in the year 2024. Subsequently, he was released on bail. Thereafter, he left India. After the filing of the final report, summons could not be served on the petitioner. Consequently, steps were taken to bring him before the trial Court, and a Look Out Notice was issued. Upon his return to India, the petitioner was immediately arrested and remanded to judicial custody on 05.07.2026. 3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submitted that no summons had been served on the petitioner before the issuance of the Non-Bailable Warrant (NBW). Thereafter, he was declared a proclaimed offender. It was further submitted that the petitioner has now been arrested and is in judicial custody, is ready to cooperate with the trial. Hence, he prayed for grant of bail. 4.The learned Counsel appearing for the State reiterated the prosecution case 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14496 of 2026 and reported that the case is now posted for questioning of the accused and that the trial is pending. Hence, he opposed the grant of bail to the petitioner. 5. This Court heard both sides and perused the materials available on record. 6.Considering the nature of the offences, which are triable by the Magistrate, and the fact that the petitioner has been in judicial custody since 05.07.2026, this Court is inclined to grant bail to the petitioner, subject to the condition: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirumayam, Pudukkottai District, and on further conditions that: [b] the petitioner shall report before the trial Court namely Judicial Magistrate, Thirumayam, Pudukkottai District, at 10.30 a.m., on all working days, for a period of thirty days, thereafter as and when required for interrogation; [c] the petitioner shall not commit any offence similar to the 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14496 of 2026 offence of which he/she is accused, or suspected, or of the commission of which he/she 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 the case so as to dissuade her 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 51730]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS. (K R S J) 16.07.2026 TM To 1.The Judicial Magistrate, Thirumayam, Pudukkottai District. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14496 of 2026 2.The Inspector of Police, Thirumayam Police Station, Pudukkottai District. (Crime No.128 of 2024) 3.The Superintendent, Sub Jail, Thirumayam. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14496 of 2026 K. RAJASEKAR, J. TM ORDER IN CRL OP(MD) No. 14496 of 2026 Date : 16.07.2026 6/6 https://www.mhc.tn.gov.in/judis