Madras High Court
Johnson vs The State Rep By. on 20 May, 2026
CRL OP No. 13131 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL OP No. 13131 of 2026
Johnson
S/o.Yesuraj
..Petitioner/A4
Vs
State represented by
The Inspector of Police,
Mambalam GRP Police Station,
Chennai.
(Crime No.82/2023)
..Respondent/complainant
PRAYER:- Criminal Original Petition filed under Section 483 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023 praying to grant bail to the petitioner
in S.C.No.535 of 2023 on the file of the X Additional District and Sessions
Court, Chennai.
For Petitioner(s): Mr.E.Gopalakrishnan
For Respondent(s): Mr.L.Baskaran,
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed by the petitioner on
11.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023, praying to grant bail.
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CRL OP No. 13131 of 2026
2. The petitioner/A4 was arrested and remanded to judicial custody on
13.10.2025 through PT warrant pursuant to the Non Bailable Warrant issued
against him on 26.08.2025 in S.C.No.535 of 2023 on the file of the X
Additional District and Sessions Court, Chennai, in connection with Crime
No.82 of 2023 registered on the file of the respondent-police for the alleged
offences punishable under Section 307(a), 302, 147, 148, 120-B of IPC.
3. Mr.E.Gopalakrishnan, learned counsel for the petitioner submits that
the petitioner/A4 is facing trial in S.C.No.535 of 2023 on the file of the X
Additional District and Sessions Court, Chennai. He further submits that since
the petitioner was in judicial custody in connection with Crime No.234 of 2025
registered on the file of the Inspector of Police, Acharapakkam Police Station,
he was unable to appear before the trial Court on 26.08.2025. Therefore, a non-
bailable warrant was issued against him and pursuant to the same, he was
arrested on 13.10.2025 through a PT warrant. He also submits that the petitioner
will appear before the trial Court on all hearing dates without fail and cooperate
for the speedy conduct of the trial. Hence, he prays for the grant of bail to the
petitioner.
4. Per contra, Mr.L.Baskaran, learned Government Advocate (Criminal
Side) appearing for the respondent-police submits that the non-bailable warrant
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CRL OP No. 13131 of 2026
was issued against the petitioner/A4 on 26.08.2025, due to his absence before
the trial Court and the same was executed on 13.10.2025 through a PT warrant.
He further submits that the earlier bail application filed by the petitioner before
this Court in Crl.O.P.No.10191 of 2026 was dismissed on 22.04.2026. He
further submits that the case now stands posted on 09.06.2026 for the
appearance of the accused. He also submits that there are 10 previous cases
against the petitioner. Hence, he opposes the grant of bail and accordingly, he
prays to dismiss the petition.
5. Heard on both sides. This Court has perused all the materials available
on record.
6. Considering the facts and cumulative circumstances of the case that the
Non Bailable Warrant was issued on 26.08.2025 and executed within two
months i.e., on 13.10.2025, this Court is of the view that one more opportunity
may be given to the petitioner. Hence, this Court is inclined to grant bail to the
petitioner, subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.10,000/- (Rupees Ten
Thousand only) along with two sureties each for a like sum of Rs.10,000/-
(Rupees Ten Thousand Only) to the satisfaction of the learned IX Metropolitan
Magistrate, Saidapet, Chennai.
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CRL OP No. 13131 of 2026
(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 Practice, 2019’]. The learned IX Metropolitan Magistrate, Saidapet,
Chennai, shall obtain a copy of any one of their identity proofs to ensure their
identity.
(iii) The petitioner shall appear and sign before the learned IX
Metropolitan Magistrate, Saidapet, Chennai, on every Monday and Friday at
10.30 a.m., until further orders and also on all hearing dates without fail.
(iv) The petitioner shall furnish his residential address and mobile number
to the IX Metropolitan Magistrate, Saidapet, Chennai.
(v) The petitioner shall attend in accordance with the conditions of the
bond to be executed under Chapter XXXV of BNSS, 2023.
(vi) 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.
(vii) 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 them from disclosing such facts to the Court or to any police officer or
tamper with the evidence.
(viii) The petitioner shall also not directly or indirectly, cause any threat
to the de facto complainant, victims, and witnesses.
(ix) The petitioner shall not enter into the de facto complainant’s house or
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CRL OP No. 13131 of 2026
his work place.
(x) The petitioner shall not try to contact the de facto complainant,
victims, and witnesses either directly or through any electronic mode.
(xi) On breach of any of the aforementioned conditions, the IX
Metropolitan Magistrate, Saidapet, Chennai or Trial Court is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by them as laid down by the Hon’ble
Supreme Court in P.K. Shaji vs. State of Kerala [(2005) 13 SCC 283].
7. Accordingly, this Criminal Original Petition is allowed subject to the
conditions stated supra.
20-05-2026
VKR
Note:
1. Registry is directed to forthwith upload this
order on the Official Website of this Court.
2. All concerned to act on this order being
uploaded on Official Website of this Court
without insisting on certified hard copies. To be
noted, this order, when uploaded on the official
website of this Court, will be watermarked and
will also have a QR code.
R.SAKTHIVEL, J.
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CRL OP No. 13131 of 2026
VKR
To
1.The X Additional District and Sessions Judge, Chennai.
2.The Superintendent of Prisons,
Central Prison, Puzhal -I, Chennai.
3.The Inspector of Police
Mambalam GRP Police Station,
Chennai.
4.The Public Prosecutor, High Court of Madras.
Order made in
CRL OP No. 13131 of 2026
20-05-2026
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