Dandapani v. The State, represented by The Station House Office,
CRL OP/21600/2026 · 2026-08-06
C Kumarappan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 62358 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 62358 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.No.21600 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.08.2026 CORAM THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN Crl.O.P.No.21600 of 2026 Dandapani ... Petitioner(s) Vs.
The State rep. by The Station House Officer, Nellikuppam Police Station, Cuddalore District. ... Respondent(s) Crime No.71 of 2023 PRAYER : Criminal Original Petition filed under Section 483 of BNSS, 2023, to enlarge the petitioner on bail concerned in SC No.87 of 2024 pending trial before the learned Sessions Judge, Mahila Court, Cuddalore For Petitioner(s) : Mr.R.Parthiban 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 07.03.2026, and thereafter, voluntarily surrendered and was remanded to judicial custody on 09.07.2026. 1/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21600 of 2026
2. The learned counsel for the petitioner would submit that the non- bailable warrant came to be issued on 07.03.2026 as the petitioner could not appear before the Court due to medical ailments. He would further submit that the petitioner voluntarily surrendered and was remanded to judicial custody on 09.07.2026 and has been under incarceration for more than 30 days. It is his further submission that the petitioner will hereafter appear before the Court regularly and cooperate with the trial for its early disposal. 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 due 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 the petitioner has no criminal antecedents and that, subsequent to the registration of the instant case, the petitioner had intimidated the witnesses and, in this connection, another FIR was registered on
15.07.2026. Hence, he prayed for dismissal of the present petition.
4. I have given my anxious consideration to the submissions made by the
learned counsel on either side. 2/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21600 of 2026
5. Though the learned Government Advocate (Crl. Side) relied upon the allegation of tampering with witnesses, the said incident is stated to have occurred in the year 2023, whereas the non-bailable warrant came to be issued only on 07.03.2026. Further, due consideration has to be given to the fact that the petitioner has voluntarily surrendered before the Court and has been in custody since 09.07.2026. 6. Hence, considering the above facts and circumstances, particularly the fact that the trial has still not begun, keeping the petitioner in custody without any progress in the trial would jeopardize the liberty earlier granted to him by way of bail. Hence, this Court is of the view that this is a fit case to enlarge the petitioner on bail, subject to certain conditions. 7. 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 Sessions Judge, Mahila Court, Cuddalore 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; 3/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21600 of 2026 [b] the petitioner shall report before the Sessions Judge, Mahila Court, Cuddalore 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 petitioner 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.
[g] It is made clear that, if the petitioner seeks any relaxation of the condition imposed by this Court, he is at liberty to file an appropriate application before the learned Sessions Judge, Mahila Court, Cuddalore, who shall consider the same on its own merits and in accordance with law. 06.08.2026 skr 4/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21600 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 Sessions Judge, Mahila Court, Cuddalore
2. The Superintendent, Central Prison, Cuddalore
3. The Station House Officer, Nellikuppam Police Station, Cuddalore District. 4. The Public Prosecutor, High Court of Madras 5/6 https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21600 of 2026 C.KUMARAPPAN,J. skr Crl.O.P.No.21600 of 2026 06.08.2026 6/6 https://www.mhc.tn.gov.in/judis