Johnson vs The State Rep By. on 20 May, 2026

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    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),

    SPONSORED

    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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