Periyasamy vs State

C.Kumarappan, J

This is the third bail application filed by the petitioner before this court.

The petitioner, who had jumped bail, had been absconding for a period of nearly ten months. A non-bailable warrant was issued against the petitioner on 10.01.2025 and the petitioner surrendered before the Court on 28.11.2025.

The learned counsel for the petitioner would submit that the non-bailable warrant was issued against the petitioner on 10.01.2025 since he could not appear before the Court due to compelling reasons. However, he surrendered before the Court on 28.11.2025 and has been under incarceration for more than 105 days. The learned counsel further submitted that hereafter the petitioner will appear before the Court regularly and will cooperate with the trial for speedy disposal of the matter. Hence, the learned counsel prayed for the grant of bail.

The learned Government Advocate (Crl. Side) appearing for the respondent has not seriously objected to the said contention, as the petitioner himself has surrendered before the Court on 28.11.2025.

I have given anxious consideration to the submissions made by the learned counsel on either side.

In such view of the matter, and also taking into consideration that the trial has still not begun, keeping the petitioner in custody without any progress in the trial would jeopardize the liberty which was 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.

Accordingly, the petitioner is ordered to be released on bail on his 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 Special Court for Exclusive Trial of Cases under the POCSO Act, Coimbatore, 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 learned Principal Special Court for Exclusive Trial of Cases under the POCSO Act, Coimbatore 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.