Crl.O.P.No.20101 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.20101 of 2026 Venkatesan ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Tholasampatti Police Station, Salem District. ... Respondent(s) Crime No.81 of 2022 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in S.C.No328 of 2023 on the file of the learned Principal Sessions Court, Salem in Crime No.81 of 2022 on the file of the respondent police. For Petitioner(s) : Mr.T.Ganesan 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 19.02.2026, pursuant to which he was arrested and remanded to judicial custody on 24.06.2026. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20101 of 2026 2. The learned counsel for the petitioner would submit that the non- bailable warrant came to be issued on 19.02.2026 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 24.06.2026 and has been under incarceration for more than 30 days. He also submitted that the petitioner undertakes to appear before the Trial Court on every hearing date and to fully cooperate for the expeditious disposal of the case. 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 the case is still at the stage of trial and that no witnesses have been examined so far. He further submitted that if the petitioner is enlarged on bail, it would become difficult to secure his presence for the continuation of the trial. 4. From the submissions made by the learned Government Advocate (Crl. Side), it is evident that even after the petitioner was secured and remanded to judicial custody, the trial has not commenced and no witness has been examined. Therefore, the continued incarceration of the petitioner, without any 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20101 of 2026 progress in the trial, would unnecessarily curtail his personal liberty guaranteed under Article 21 of the Constitution of India. 5. Considering the above facts and circumstances, particularly the fact that the trial has not yet commenced despite the petitioner being in custody for more than 30 days after his arrest pursuant to the non-bailable warrant, this Court is of the view that continued detention of the petitioner would affect the personal liberty which had earlier been granted to him by way of bail. At the same time, the apprehension of the prosecution regarding the petitioner's appearance during trial can be adequately safeguarded by imposing appropriate conditions. Accordingly, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions. 6. 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 Session Court, Salem 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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20101 of 2026 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. 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 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. and [g] The petitioner is at liberty to move an appropriate petition before the Trial Court seeking relaxation of his personal appearance, if so advised. 09.07.2026 skr 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20101 of 2026 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. To 1. The learned Principal Session Court, Salem 2. The Superintendent, Central Prison, Salem 3. The Inspector of Police, Tholasampatti Police Station, Salem District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20101 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.20101 of 2026 09.07.2026 6/6 https://www.mhc.tn.gov.in/judis