Ponraj vs State Of Tamilnadu

S.Srimathy, J

The petitioner, who was arrested and remanded to judicial custody on 03.09.2025 for the offences punishable under Sections 302, 120(b), 109, 212, 201, 147, 148, 149, 294(b), 342, 34 and 114 of IPC, in Crime No.163 of 2020 on the file of the respondent police, seeks bail.

The case of the prosecution is that the petitioner along with other accused had conspired together to murder the deceased and accordingly to their conspiracy on 02.06.2020, the petitioner along with other accused attacked the deceased with deadly weapons and caused his death and after the occurrence, the petitioner and other accused persons removed the head of the deceased from the body of the deceased and thrown the head in the bush and caused disappearance of the evidence of murder. Hence a case was registered in Crime No.163 of 2020 and after completing the investigation, the respondent police filed charge sheet before the learned Special Judge for communal Clause Court, Madurai, and the same is pending trial. On one hearing, the petitioner was not appeared before the trial Court. Hence, he was arrested on 03.09.2025 based on NBW. Hence, this petition.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. After the trial Court issued NBW against the petitioner, the petitioner was arrested on 03.09.2025. He further submitted that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. Hence, he seeks bail.

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is jumped out of bail and based on the NBW, the petitioner was arrested again on 03.09.2025. He further submitted that the petitioner has 3 previous cases. However, he opposed for grant of bail.

Taking into consideration of the facts and submissions and since it is a jumped out bail and also considering the period of incarceration suffered by the petitioner and inspite of there are three previous cases pending against 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 Special Judge for communal Clause Court, Madurai, 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;

[b] the petitioner shall report before the trial Court daily at 10.30 a.m., until further orders;

[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.