Madras High Court Affirms Discretionary Bail Under Section 483 BNS 2023, Following P.K. Shaji, as Persuasive Authority for Subordinate Courts in Non-Bailable Offences
Summary
| Category | Data |
|---|---|
| Case Name | Crl.O.P.No.22846/2025 of Prejith Vs The State Rep. by The Inspector of Police, CNR HCMA011802522025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | GRANTED |
| Judgment Author | HON’BLE DR JUSTICE G. JAYACHANDRAN |
| Court | Madras High Court |
| Bench | Single Judge |
| Precedent Value | Binding on subordinate courts; persuasive for other High Courts and the Supreme Court |
| Overrules / Affirms | Affirms existing precedent |
| Type of Law | Criminal Procedure – Bail Law under BNS 2023 |
| Questions of Law | Whether bail can be granted notwithstanding execution of an NBW for a single absence |
| Ratio Decidendi |
The High Court held that a one-time non-appearance warrant issued for a single missed hearing does not automatically bar bail if the accused has otherwise regularly attended court. The court exercised its discretion under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by weighing the period of incarceration undergone and imposing stringent conditions to ensure attendance. Relying on P.K. Shaji v. State of Kerala, the court confirmed that breach of bail conditions can be dealt with by the trial court as if bail were granted by it. Granting bail in such circumstances does not infringe prosecutorial interests when measures exist to prevent absconding. |
| Judgments Relied Upon | P.K. Shaji v. State of Kerala, (2005) 13 SCC 283 |
| Logic / Jurisprudence / Authorities Relied Upon by Court | Discretionary nature of bail under Section 483 BNS; precedent in P.K. Shaji on handling breach of bail conditions |
| Facts as Summarised by the Court | Petitioner secured on NBW for absence at one hearing; otherwise maintained regular court attendance; trial pending in S.C.No.115 of 2025; incarceration period considered. |
| Citations | Crl.O.P.No.22846/2025 (Mad HC) |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts |
| Persuasive For | Other High Courts; Supreme Court |
| Follows | P.K. Shaji v. State of Kerala, (2005) 13 SCC 283 |
What’s New / What Lawyers Should Note
- High Court may grant bail even after execution of an NBW for a single missed hearing if the accused was otherwise compliant.
- Period of incarceration and regularity of appearances are key factors in the discretion under Section 483 BNS.
- Conditions such as daily reporting can satisfy the court’s concern over absconding.
- P.K. Shaji’s framework for treating breaches of bail conditions remains authoritative.
- Lawyers can cite this decision to counter arguments that any NBW execution precludes bail.
Summary of Legal Reasoning
- The petitioner was arrested on an NBW issued for a one-time non-appearance (16.06.2025) despite prior regular attendance.
- The Government opposed bail, citing delay in trial (S.C.No.115/2025) and absconsion.
- The court noted the scope of Section 483 BNS, 2023, permitting bail even in non-bailable offences.
- Reliance on P.K. Shaji established that breach of bail conditions can be remedied by the trial court.
- Considering the petitioner’s incarceration period and safeguards (bond, sureties, daily reporting), bail was granted.
Arguments by the Parties
Petitioner
- Absence on 16.06.2025 was inadvertent; otherwise attended all hearings.
- Continued detention after execution of an NBW for a single default amounts to abuse of process.
Respondent (State)
- Trial pending in S.C.No.115 of 2025; petitioner’s abscondence delayed proceedings.
- Non-bailable offence; grant of bail may hinder judicial process.
Factual Background
The petitioner faced prosecution in Crime No. 191 of 2024 (Kundadam PS). An NBW was issued on 16.06.2025 for his non-appearance and executed on 27.06.2025. He had otherwise been attending court regularly. A bail application under Section 483 BNS was filed in Crl.O.P.No.22846/2025 before the Madras High Court.
Statutory Analysis
- Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023: empowers High Court to enlarge on bail in non-bailable offences.
- Emphasis on the court’s inherent discretion to balance individual liberty against the needs of criminal justice.
- No “reading down” or constitutional provisions invoked beyond the statutory text.
Alert Indicators
- Precedent Followed
Citations
- P.K. Shaji v. State of Kerala, (2005) 13 SCC 283
- Crl.O.P.No.22846/2025 (Madras High Court, 18.08.2025)