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2026 Supreme(Online)(Mad) 16502

IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.KUMARAPPAN, J
Jeevanantham @ Jeeva – Appellant
Versus
State rep. By The Inspector of Police, Hasthamapatty Police Station, Salem District – Respondent
Criminal Original Petition | P.R.C.No.125 of 2024



Advocates:
For the Appellants/Petitioners: Mr.W.Camyles Gandhi
For the Respondents:Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

A court may deny bail if there is a substantial risk of abscondence by the petitioner, particularly with multiple pending criminal cases.

Headnote:The petitioner sought bail under Section 483 of BNSS, 2023, relating to Crime No.2 of 2024. The court reviewed the facts where the petitioner had absconded for eight months and had multiple criminal cases pending. The court declined bail to secure the petitioner's presence during trial. The issues included the risk of the petitioner absconding again. The court reasoned that the petitioner's prior abscondence indicated a likelihood of future abscondence if granted bail. Accordingly, the Criminal Original Petition is dismissed.

Table of Content
1. abscondence affects bail eligibility. (Para 1 , 2 , 3)
2. risk of abscondence justifies denial of bail. (Para 4 , 5)

ORDER

The petitioner, who had jumped bail, had been absconding for nearly eight months. A non-bailable warrant issued against the petitioner on 09.06.2025 was executed only on 28.10.2025. Due to the prolonged abscondence, the case is still pending at the P.R.C. stage in P.R.C.No.125 of 2024.

2.It is the specific submission of the learned counsel for the petitioner that there is a criminal case in P.R.C.No.125 of 2024 on the file of the learned Judicial Magistrate–III, Salem, and that the petitioner had been regularly appearing before the Court. However, on 09.06.2025, due to unavoidable circumstances, the petitioner was not in a position to appear before the Court, and consequently, a non-bailable warrant came to be issued against him. It is further submitted that the petitioner had moved an application to recall the non- bailable warrant; however, he was arrested on 28.10.2025 and has been in custody since then. Hence, the learned counsel prayed for grant of bail.

3. The said contention was strongly opposed by the learned Government Advocate (Crl. Side) appearing for the respondent, who submitted that four previous criminal cases are pending against the petitioner and that, if he is enlarged on bail, there is every possibility of his misusing the liberty granted by this Court. Hence, he prayed for dismissal of the petition.

4. I have given anxious consideration to the submissions made by the learned counsel on either side.

5. On consideration of the facts of the case, it is not in dispute that the petitioner had absconded for nearly eight months and was secured and remanded to judicial custody only on 28.10.2025. It also appears that four criminal cases are pending against him. In such circumstances, as rightly contended by the learned Government Advocate (Crl. Side), there is every likelihood of the petitioner absconding again if he is enlarged on bail. Therefore, in order to secure his presence during trial, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, the Criminal Original Petition is dismissed.

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