Sankar Ganesh Vs State Of Tamilnadu Rep By Inspector Of Police, Thoothukudi North

PRAYER :- To enlarge the petitioner/A4 on bail in connection with the case in S.C.No. 282 of 2022 on the file of the learned I Additional District and Sessions Judge, Thoothukudi in Crime No. 464 of 2017 on the file of the respondent police.

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ORDER : This Court made the following order :-

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The petitioner /A-4, who was arrested and remanded to judicial custody on 07.02.2026 for the offences punishable under Sections 302, 506(ii), 147, 148 and 149 of IPC in Crime No.464 of 2017 in S.C.No.282 OF 2022 on the file of the learned I Additional District and Sessions Judge, Thoothukudi in Crime No. 464 of 2017 on the file of the respondent police, seeks bail.

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

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The learned counsel for the petitioner submitted that after the registration of the case in Crime No. 464 of 2017, the respondent police completed the investigation and filed a charge sheet, which was taken cognizance of in S.C. No. 282 of 2022 on the file of the learned I Additional District and Sessions Judge, Thoothukudi. He further submitted that, due to the non-appearance of the petitioner, the trial Court issued a Non-Bailable Warrant (NBW) against him, and the same was executed on 07.02.2026. He also submitted that the petitioner undertakes not to abscond and to regularly appear before the Trial Court on the hearing dates without fail. Hence, he seeks bail.

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The learned Additional Public Prosecutor submitted that the petitioner failed to appear before the trial Court, due to which the trial Court had issued Non Bailable Warrant to the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

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Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned I Additional District and Sessions Judge, Thoothukudi, and on further conditions that :-

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[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.

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(b) the petitioner shall appear on all the dates of hearing before the committal Court except when exempted for any justifiable reason by the jurisdiction Court.

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[c] the petitioner shall not abscond either during investigation or trial.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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

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

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Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]

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