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2026 DAILYLAW 55200 (MAD)

State Of Tamilnadu Rep By Inspector Of Police, Thiruppachethi v. Arun @ Poochi Irullappan

CRL MP(MD)/13127/2026 · 2026-07-21

K Rajasekar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP(MD) NO. 13127 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21-07-2026 CORAM THE HONOURABLE MR.JUSTICE K.RAJASEKAR CRL MP(MD) NO. 13127 of 2026 in CRL OP(MD)No.20189 of 2023 The State of Tamil Nadu Rep. By, The Inspector of Police, Thiruppachethi Police Station, Sivagangai District. Crime No.285 of 2020. Petitioner(s) Vs Arun @ Poochi Irullappan Respondent(s) For Petitioner(s): Mr.N.Balasubramanian Counsel for State of TN (Crl. Side) For Respondent(s): No appearance Prayer: To cancel the bail granted to respondent/petitioner/accused no.2 in Crl.O.P. (MD).No.20189 of 2023 dated 03.01.2024 passed by the Madurai Bench of Madras High Court. ORDER The State has come forward with this petition seeking cancellation of bail granted to the respondent/A2 by this Court in Crl.O.P.(MD).No.20189 of 2023 dated 03.01.2024. https://www.mhc.tn.gov.in/judis 2. The learned counsel for the State (Crl. Side) submitted that the respondent is facing trial in S.C.No.12 of 2022 on the file of the learned Assistant Sessions Judge, Manamadurai, for the alleged offences under Section 294(b), 307 and 506(2) of IPC in Crime No.285 of 2020 on the file of the Inspector of Police, Thiruppachethi Police Station, Sivagangai District and pursuant to issuance of non-bailable warrant, he was arrested and released on bail by this Court in Crl.O.P.(MD).No.20189 of 2023 by order dated 03.01.2024. However, after released on bail, the respondent was involved in 5 cases including the offences under NDPS Act and hence, the learned counsel prays to cancel the bail granted to the respondent herein. 3. Though notice was served on the respondent and his name is printed in the cause list, he has not come forward to either appear in person or represented through a counsel. 4. On careful perusal of the order passed by this Court, it is seen that the respondent was released on bail by order dated 03.01.2024. I have also gone through the list of cases furnished by the State, involving the respondent. It shows that the respondent, after released on bail, was involved in 5 other cases including the offences under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act in Crime No.153 of 2026 on the file of the Thiruppuvanam Police Station, Sivagangai District. The Apex Court in State of Karnataka Vs. Sri Darshan etc., reported in 2025 SCC OnLine SC 1702, has elaborately discussed all the previous legal positions and https://www.mhc.tn.gov.in/judis approach of the Courts while considering the annulment of bail orders, cancellation of bail by observing as follows: ''(B) Cancellation of bail 18.10. As per Halsbury's Laws of England, the grant of bail does not set the accused at liberty in the absolute sense but merely shifts custody from the State to the sureties. Consequently, cancellation of bail entails an assessment of whether the accused has abused the liberty so conferred. 18.11. In Dolat Ram v. State of Haryana (supra), this Court delineated broad, though not exhaustive, grounds justifying cancellation of bail, including: • Interference or attempt to interfere with the due course of justice; • Evasion of justice; • Abuse of the concession of bail; • Likelihood of the accused fleeing from justice. 18.12. In Abdul Basit v. Abdul Kadir Choudhary, (2014) 10 SCC 754, this Court elaborated the circumstances in which bail granted under Section 439(2) of Cr.P.C. may be cancelled, including where the accused: • engages in similar criminal activity post-bail; • interferes with or obstructs the investigation; • tampers with evidence or influences witnesses; • intimidates or threatens witnesses; • attempts to abscond or evade judicial process; • becomes unavailable or goes underground; • violates the conditions imposed or evades the control of sureties.'' 5. In this case, the respondent, after released on bail, has misused the liberty and involved in continous criminal cases including the offence under NDPS Act https://www.mhc.tn.gov.in/judis and if the respondent is allowed to enjoy the bail, it is clear case of abuse of process of Court, this Court is of the view that it is a fit case to cancel the bail. Accordingly, the bail granted to the respondent by this Court in Crl.O.P.(MD).No. 20189 of 2023 dated 03.01.2024, stands cancelled and the respondent shall surrender before the Trial Court within a period of two weeks from today, failing which, the police shall take steps to secure the accused. 6. Accordingly, this Criminal Miscellaneous Petition is allowed. 21-07-2026 Lm To The Assistant Sessions Judge, Manamadurai. https://www.mhc.tn.gov.in/judis K.RAJASEKAR, J. Lm Crl.M.P.(MD).No.13127 of 2026 in Crl.O.P.(MD).No.20189 of 2023 21.07.2026 https://www.mhc.tn.gov.in/judis