Allowed

Mannar @ Arunchandar v. The State of Tamilnadu

Madras HC15 Apr 2025CRL OP(MD)/5920/2025

Case brief

AI extract

What is this about?

A bail petition for an accused remanded after a non-bailable warrant was issued when he failed to appear at a trial hearing because he was then in judicial custody in another case. The High Court granted bail subject to strict conditions including twice-daily reporting to police.

What did the court decide?

Bail granted on bond of Rs.25,000 with two like sureties, daily police reporting at 10 a.m. and 6 p.m., and other conditions until further orders.

Mannar @ Arunchandar Vs The State of Tamilnadu — Bail and Remand | Madras HC (2025)

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CRL OP(MD). No.5920 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 15.04.2025

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PRESENT

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THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

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CRL OP(MD). No.5920 of 2025

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Mannar @ Arunchandar ... Petitioner/Accused

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The State of Tamil Nadu Rep. by the Inspector of Police, Pattukkottai Town Police Station, Pattukkottai.

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Crime No.546 of 2016 ... Respondent/Complainant

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For Petitioner : Mrs.P.Krishnaveni Advocate

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For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

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PETITION FOR BAIL Under Sec.483 of BNSS

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PRAYER :-

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To enlarge the petitioner herein on bail in S.C.No.92 of 2019 on the file of the learned II Additional District and Sessions Judge, Thanjavur @ Pattukottai in connection with Crime No.546 of 2016 on the file of the respondent-police.

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ORDER : The Court made the following order :-

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.5920 of 2025

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This Criminal Original Petition has been filed by the petitioner on 27.03.2025 under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail.

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The petitioner/accused was arrested and remanded to judicial custody on 07.02.2025. The petitioner / accused is facing trial in S.C.No.92 of 2019 on the file of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai. The petitioner was absent on 29.01.2025. Hence, Non-Bailable Warrant was issued on 29.01.2025 and the same was executed on 07.02.2025.

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Mrs.P.Krishnaveni, learned counsel appearing for the petitioner, submits that the petitioner was arrested in connection with the Crime No.7 of 2025 and was in judicial custody on 29.01.2025, i.e., the date fixed for hearing, and hence, was unable to appear before the trial Court. She further submits that the petitioner was released on bail on 30.01.2025 in the said case (Crime No.7 of 2025) and that the Non-Bailable Warrant issued in the present case was executed by arresting the petitioner on 07.02.2025. Accordingly, she prays to grant bail to the petitioner.

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Per contra, Mr.R.Meenakshi Sundaram, learned Additional Public Prosecutor appearing for the respondent-police, submits that the petitioner falls under the 'A+' category and is involved in numerous cases, including one under Section 302 of Indian Penal Code, 1860. He further submits that during the period of bail, the

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.5920 of 2025

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petitioner committed several offences, inter alia, offences punishable under Section 307 of Indian Penal Code, 1860, the Narcotic Drugs and Psychotropic Substances Act,

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1985, and the Arms Act, 1959. Hence, he strongly opposes to grant bail to the petitioner.

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Heard on both sides. This Court has perused the records.

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Admittedly, on 29.01.2025, the petitioner was in judicial custody in connection with another case in Crime No.7 of 2025. Consequently, he was unable to appear before the Trial Court on that day. Accordingly, Non-Bailable Warrant (NBW) was issued on 29.01.2025 and was executed on 07.02.2025. It is learnt that prior to

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29.01.2025, the petitioner had been regularly appearing before the Trial Court. In view of the facts and circumstances, this Court is inclined to grant bail to the petitioner, however, subject to certain conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

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(i) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty Five Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the satisfaction of the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai;

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(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of

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CRL OP(MD). No.5920 of 2025

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Practice, 2019']. The learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai shall obtain a copy of any one of identity proofs to ensure their identity;

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(iii) The petitioner shall furnish his residential address and mobile number to the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai;

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(iv) The petitioner shall appear and sign before the respondent-police, daily at 10.00 a.m. and 06.00 p.m. until further orders;

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(v) The petitioner shall appear before the Trial Court as and when required and shall co-operate with the trial;

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(vi) The petitioner shall attend in accordance with the conditions of the bond to be executed under Chapter XXXV of BNS, 2023;

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(vii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

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(viii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; and

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(ix) On breach of any of the aforementioned conditions, the learned III Additional District and Sessions Judge, Thanjavur @ Pattukkottai is entitled to pass appropriate orders against the petitioner in accordance with law as if the

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD). No.5920 of 2025

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aforementioned conditions are imposed by him as laid down by the Hon'ble Supreme

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Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].

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Accordingly, this Criminal Original Petition is allowed subject to the

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conditions stated supra.

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sd/15/04/2025

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/ TRUE COPY /

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15/04/2025 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court,

Madurai - 625 023.

mbi

1.The Officer-in-charge, District Jail, Pudukkottai.

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2.The III Additional District and Sessions Judge, Thanjavur @ Pattukkottai

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3.The Inspector of Police, Pattukkottai Town Police Station, Pattukkottai.

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4.The Additional Public Prosecutor,

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Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-4221[I] dated 15/04/2025 )

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ORDER

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IN CRL OP(MD) No.5920 of 2025 Date :15/04/2025

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NBF/SAR/ (15/04/2025) 5P/6C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

Mannar @ Arunchandar v. The State of Tamilnadu

Case brief

What is this about?

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Mannar @ Arunchandar v. The State of Tamilnadu

Case brief

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