Allowed¶27

Vijay @ Kuruvi Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Anna Nagar

Madras HC13 Jul 2026CRL MP(MD)/13602/2026

Case brief

AI extract

What is this about?

Condonation of absence from bail condition; recall of Non-Bailable Warrant; Section 528 BNSS; CRL MP(MD) No. 13602 of 2026 in Crl.A.(MD)No.159 of 2024; suspension of sentence bail granted 24.04.2025 (Crl.M.P.(MD)No.5608 of 2025); condition modified 30.06.2025 (Crl.M.P.(MD) No.8151 of 2025); Mahila Court Madurai; Chithirai Festival absence 01.05.2026; weekly Monday reporting for ten weeks; Madurai Bench of Madras High Court; Justice B.PUGALENDHI.

What did the court decide?

Absence before the Trial Court condoned; the bail condition modified to weekly appearance and signing before the Trial Court every Monday at 10.30 a.m. for ten weeks and thereafter on the first working day of every English calendar month at 10.30 a.m. until disposal of the appeal; Non-Bailable Warrant recalled. ¶27

Vijay @ Kuruvi Vijay Vs State Of Tamilnadu Rep By Inspector Of Police, Anna Nagar — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the petitioner's absence before the Trial Court (non-compliance with the modified bail condition on the first working day of May 2026) should be condoned and the Non-Bailable Warrant issued against him recalled.

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Court's answer

Admittedly the petitioner failed to comply with the condition on 01.05.2026 on account of attending the Chithirai Festival; considering the petitioner's conduct, this Court condones his absence before the Trial Court and modifies the condition imposed by order dated 30.06.2025 in Crl.M.P.(MD) No.8151 of 2025.

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Ratio / Principle

The petitioner is directed to appear and sign before the Trial Court once a week, i.e., on every Monday at 10.30 a.m., for a period of ten (10) weeks, and thereafter to appear and sign before the Trial Court on the first working day of every English calendar month at 10.30 a.m. until the disposal of the appeal.

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Key takeaways

With the above modification, the Criminal Miscellaneous Petition is ordered and the Non-Bailable Warrant issued against the petitioner stands re-called.ratio¶27

Detailed headnote1 paragraphs

Bail/sentence-suspension condition — non-appearance before Trial Court on the first working day of May 2026 owing to attendance at the Chithirai Festival — Non-Bailable Warrant issued — petition under Section 528 BNSS in pending appeal Crl.A.(MD)No.159 of 2024 to condone absence and recall NBW. Court observed the petitioner had not realised the condition had to be scrupulously complied with, condoned the absence, and instead of merely restoring the earlier condition, tightened it: appearance and signing before the Trial Court every Monday at 10.30 a.m. for ten (10) weeks, thereafter on the first working day of every English calendar month at 10.30 a.m. until disposal of the appeal. Petition ordered; NBW recalled.

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CRL MP(MD) NO. 13602 of 2026

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13-07-2026

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CORAM

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THE HONOURABLE MR JUSTICE B.PUGALENDHI

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CRL MP(MD) NO. 13602 of 2026

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in Crl.A.(MD)No.159 of 2024

Vijay @ Kuruvi Vijay

Petitioner(s)

State of Tamil Nadu, Represented by the Inspector of Police, Anna Nagar Police Station, Madurai District. In Crime No. 1950 of 2021.

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Respondent(s)

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For Petitioner(s): Mr.M.Jerin Mathew

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For Respondent(s):

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Mr.V.Shathurthiraja, Government Advocate.

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Prayer:

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Petition filed under Section 528 of BNSS to condone the absence of the petitioner in complying with the condition imposed by this Court in Crl.M.P.(MD) No. 5608 of 2025 in Crl.M.P.(MD) No. 8151 of 2025 in Crl.A.(MD) No. 159 of 2024 dated 30.06.2025 and consequently recall the NBW issued against the petitioner.

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

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ORDER

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The petitioner, a convict, has been granted bail by suspending the sentence by this Court vide

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order dated 24.04.2025 in Crl.M.P.(MD)No.5608 of 2025 with certain conditions.

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The learned counsel appearing for the petitioner submits that the petitioner had complied with the condition imposed by this Court for a period of one year. Thereafter, the condition was modified by this Court directing the petitioner to appear and sign before the Mahila Court, Madurai, on the first working day of every month till the disposal of the appeal. According to the learned counsel, the petitioner had complied with the condition till April 2026. However, on the first working day of May 2026, the petitioner attended the Chithirai Festival at Madurai and failed to appear before the Trial Court, for which a Non-Bailable Warrant came to be issued. Subsequently, the petitioner appeared before the Trial Court on the first working day of June 2026 and signed the register. At that time, he was informed that a Non-Bailable Warrant had already been issued against him. Hence, the petitioner has come

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up with the present petition to condone his absence before the Trial Court for the past three months.

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This Court considered the submissions made by the learned counsel for the petitioner.

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Admittedly, the petitioner failed to comply with the condition on 01.05.2026 on account of attending the Chithirai Festival. The petitioner has not realised that he is required to comply with the condition imposed by this Court scrupulously. Considering the conduct of this petitioner, this Court, while condoning his absence before the Trial Court, modifies the condition already imposed by this Court by order dated 30.06.2025 in Crl.M.P.(MD) No.8151

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

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of 2025 and directs the petitioner to appear and sign before the Trial Court once a week, i.e., on every Monday at 10.30 a.m., for a period of ten (10) weeks and thereafter to appear and sign before the Trial Court on the first working day of every English calendar month at 10.30 a.m. until the disposal of the appeal.

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With the above modification, this Criminal Miscellaneous Petition is ordered. Consequently, the Non-Bailable Warrant issued against the petitioner stands re-called.

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13-07-2026

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mbi To 1.The Sessions Mahila Court, Madurai.

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2.The Inspector of Police, Anna Nagar Police Station, Madurai.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

Vijay @ Kuruvi Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Anna Nagar

Case brief

What is this about?

What did the court decide?

Vijay @ Kuruvi Vijay v. State Of Tamilnadu Rep By Inspector Of Police, Anna Nagar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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