T.Selvam @ Jim Selvam vs State

K.Rajasekar, J

The petitioner, who was arrested and remanded to judicial custody on 26.08.2025 for the alleged offence punishable under Sections 148, 294(b), 302, 109, 326, 307, 34, 149, 115 of IPC, in Crime No.277 of 2022 on the file of the respondent police, seeks bail.

The allegation against the petitioner is that he was involved in a case of murder. Earlier, the petitioner was arrested and released on bail. Subsequently, he failed to appear before the Trial Court on 08.07.2025 and absconded. A Non Bailable Warrant was issued and on execution of NBW, the petitioner was arrested and remanded to judicial custody on 26.08.2025.

Learned counsel appearing for the petitioner submitted that due to illness, the petitioner was unable to appear before the trial Court, which resulted in the issuance of Non Bailable Warrant on 26.08.2025 and he is in judicial custody since then. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

Learned Government Advocate (Crl.Side) appearing for the respondent reiterated the prosecution case and submitted that the petitioner failed to appear before the concerned Court on 08.07.2025, pursuant to which a NBW was issued against him. He further submitted that the case is now posted for framing of charges and the trial has not yet progressed. He further submitted that the petitioner has four previous cases, including chain snatching and other similar cases.

Considering the submissions made by the learned counsel on either side, the fact that the petitioner was absent on 08.07.2025 and that the NBW was executed on 26.08.2025, the period of his incarceration, and the fact that the petitioner was earlier arrested and released on bail, and though it is stated that the petitioner has four previous cases, which are not similar in nature, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, for a like sum to the satisfaction of the learned IV Additional District Judge, Udumalaipettai, and on further conditions that:-

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the concerned Court daily at 10.30 a.m., for a period of four weeks 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 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 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 B.N.S.