Crl.O.P.No.19688 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.07.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.19688 of 2026 Gajendra Tarei ... Petitioner(s) Vs. The State rep. by The Inspector of Police, Perumanallur Police Station, Tiruppur District ... Respondent(s) Crime No.290 of 2024 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in S.C.No.201 of 2024 on the file of the learned I Additional District and Sessions Judge, Tiruppur For Petitioner(s) : Mr.S.Manoj Vasanth 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 20.06.2025, pursuant to which he was arrested and remanded to judicial custody on 12.12.2025. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19688 of 2026 2. The learned counsel for the petitioner would submit that the non- bailable warrant came to be issued on 20.06.2025 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 12.12.2025 and has been under incarceration for more than 220 days. It is his further submission that charges have only recently been framed and the trial has not yet commenced, though there are numerous witnesses to be examined. Therefore, continued incarceration of the petitioner solely on account of the pendency of the trial would seriously prejudice his personal liberty. 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 owing 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. 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. However, he fairly submitted that the petitioner has no criminal antecedents. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19688 of 2026 4. Considering the above facts and circumstances, particularly the fact that charges have only recently been framed, that the petitioner has no criminal antecedents, and that the trial has not yet commenced, this Court is of the view that continued incarceration of the petitioner without any substantial progress in the trial would impinge upon his personal liberty. At the same time, the apprehension expressed by the learned Government Advocate regarding the petitioner's presence 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. 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 I Additional District and 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 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19688 of 2026 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. 27.07.2026 skr 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.19688 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 I Additional District and Sessions Judge, Tiruppur 2. The Superintendent, Coimbatore Central Prison 3. The Inspector of Police, Perumanallur 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.19688 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.19688 of 2026 27.07.2026 6/6 https://www.mhc.tn.gov.in/judis