Mageshkumar vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 02.01.2026 based on the NBW issued by the trial Court, for the offences punishable under Sections 147, 148, 448, 342, 364-A and 506(ii) of IPC and Section 3 of TNPPDL Act, in Crime No.266 of 2016 on the file of the respondent police, which was taken on file as P.R.C.No.06 of 2024, seeks bail.

The learned counsel for the petitioner submitted that the petitioner was regularly appeared before the trial Court. Due to severe health illness, the petitioner was not able to attend the trial Court on the date fixed for hearing. Hence, the trial Court issued NBW against the petitioner and he is in judicial custody from 02.01.2026. Hence, he seeks bail to the petitioner.

The learned Additional Public Prosecutor submitted that the petitioner has jumped out of bail during trial and thereafter he was secured through NBW on 02.01.2026. Hence, he opposed for grant of bail to the petitioner.

Taking into consideration of the facts and circumstances of the case and the petitioner is jumped out of bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Krishnarayapuram, Karur District, and on further conditions that :-

[a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; the petitioner shall report before the trial Court daily and for all hearing dates without fail;

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[d] the petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned 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 is 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 5560];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.