Sanjay Kumar vs The State Rep By Inspector Of Police

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 26.12.2025, seeking bail in S.C.No.399 of 2024 pending on the file of the learned Additional Sessions Judge at Chennai for the offences under Sections 341, 294(b), 323, 336, 427, 392, 397 and 506(ii) of IPC.

The petitioner is facing prosecution for the offence under Sections 341, 294(b), 323, 336, 427, 392, 397 and 506(ii) of IPC. It is the case of the prosecution that initially, the petitioner was arrested and remanded to judicial custody. Subsequently, the petitioner was enlarged on bail and thereafter, he did not appear before the lower Court regularly. Hence, the lower Court has issued Non-Bailable Warrant against the petitioner, pursuant to which, petitioner was arrested on 26.12.2025.

The learned counsel appearing for the petitioner would submit that the petitioner gone to work to some other place and therefore, the petitioner was not able to appear before the lower Court. He would further submit that the non-appearance before the lower Court by the petitioner is neither wilful nor wanton. However, he would also submit that the petitioner is ready to abide any condition as imposed by this Court and seeks for grant of bail to the petitioner.

The learned Counsel for Government (Crl. Side) submitted that this is a case of jumped bail. The petitioner herein is the accused in S.C.No.399 of 2024. Due to non-appearance of the petitioner before the lower Court, the trial judge has issued Non-Bailable Warrant against the petitioner and the petitioner was secured only on 26.12.2025, and if the bail is granted to the petitioner, it is very difficult to secure him. Hence, he vehemently objected for grant of bail to the petitioner.

Heard the learned counsel appearing for the petitioner and the learned Government Counsel for the respondent Police and perused the materials available on record.

Considering, the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, for a like sum to the satisfaction of the learned I Additional Sessions Judge, Chennai, and on further conditions that:

[a] the sureties shall affix his 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 his identity;