Sathish @ Sathishkumar vs State Of Tamil Nadu

C.Kumarappan, J

The petitioner, who was arrested and remanded to judicial custody on 27.11.2025 for the alleged offence under Section 241, 307, 506(ii) of IPC, in Crime No.790 of 2007 in P.R.C.No.161 of 2017 on the file of the respondent police, seeks bail.

The petitioner was earlier arrested and released on bail. Subsequently, during PRC stage, the petitioner was absconded. Hence, a Non-bailable Warrant was issued on 17.12.2024 and the was executed on 27.11.2025. Hence, the case.

The learned counsel for the petitioner would submit that the NBW was issued on 17.12.2024 and due to familial circumstances, he was not in a position to appear before the Court and thereafter, the respondent remanded him to judicial custody on 27.11.2025.

At this juncture, the learned Government Advocate would submit that this petitioner is the second accused and as against the other accused, the case was split up and the same ended in acquittal. Hence, he has no serious objection for enlarging him on bail, however, he may be directed to appear before the concerned Court and co-operate for the early disposal of the case.

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

Having considered the submission of the learned Government Advocate and taking into consideration of the factual position, this Court is inclined to enlarge the petitioner on bail with 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 X Metropolitan Magistrate, Egmore, Chennai, 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;

[d] the petitioner shall appear before the X Metropolitan Magistrate, Egmore, Chennai, daily at 10.30 a.m., for a period of 30 days and thereafter, as and the case is posted for hearing;

[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 petitioners thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.