S.Maheshkumar vs State Of Tamil Nadu

C.Kumarappan, J

The petitioner, who had earlier jumped bail, was issued a non-bailable warrant on 16.02.2026, pursuant to which he was arrested and remanded to judicial custody on 17.02.2026.

The learned counsel for the petitioner would submit that the non- bailable warrant came to be issued on 16.02.2026 as the petitioner could not appear before the Court due to compelling reasons. He would further submit that the petitioner was arrested and remanded to judicial custody on 17.02.2026 and has been under incarceration for more than 20 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 seven witnesses have already been examined and that, due to the absence of the petitioner, no progress could be made in the criminal case, and that the trial has now reached a crucial stage.

Considering the above facts and circumstances and the fact 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 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 Sessions, Mahalir Neethi Mandram (Fast Track Mahila Court), 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 learned Sessions, Mahalir Neethi Mandram (Fast Track Mahila Court), Erode everyday at 10.30 a.m. for a period of 30 days and thereafter as and when required for interrogation;

[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.