Sathishkumar vs State

C.Kumarappan, J

The petitioner, who had earlier jumped bail, was issued a non-bailable warrant on 13.03.2026, pursuant to which he was arrested and remanded to judicial custody on 16.03.2026.

The learned counsel appearing for the petitioner would submit that the non-bailable warrant came to be issued on 13.03.2026 and that, on the very same day, the petitioner had appeared before the learned II Additional District Judge, Erode, which fact has been recorded by the said Court in its order dated 26.03.2026 made in Crl.M.P.No.432 of 2026 in S.C.No.39 of 2026. He would further submit that the petitioner was arrested and remanded to judicial custody on 16.03.2026 and has been in custody 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.

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 case and that the trial has now reached a crucial stage. He further submitted that the case is pending for framing of charges.

Considering the totality of the circumstances, in particular, the fact that the petitioner had appeared before the concerned Court on the date of issuance of the non-bailable warrant and that the said fact has also been recorded by the learned II Additional District Judge, Erode, and also taking into consideration that the case is now pending for framing of charges, this Court is of the view that continued incarceration of the petitioner would jeopardize the liberty earlier granted to him by way of bail. Hence, this Court is inclined to enlarge the petitioner on bail, subject to certain conditions.

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 District Munsif cum Judicial Magistrate Court, Elumathur, Erode 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 District Munsif cum Judicial Magistrate Court, Elumathur, Erode everyday at 10.30 a.m. until further orders and no relaxation petition shall be entertained for a period of 60 days;

[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.