Madras High Court
Thowfik vs State Represented By on 12 November, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.11.2025
Coram:
The Honourable Mrs.Justice T.V.THAMILSELVI
Crl.A.No.1702 of 2025
Thowfik
...Appellant
Versus
1.State Represented by
The Deputy Superintendent of Police,
Sirkazhi Police Station,
Mayiladuthurai District.
2.State Represented by
The Inspector of Police,
Sirkazhi Police Station,
Mayiladuthurai District.
3.Murugapandiyan
...Respondents
This Criminal Appeal is filed under Section 14(A)(1) of SC/ST Act
praying to set aside the order in Crl.M.P.No.1176 of 2025 on the file of
District and Sessions Court, Mayiladuthurai in Crl.M.P.No.1176 of 2025
dated 09.09.2025 and enlarge the petitioner on bail in connection with
Crime No.133 of 2025 on the file of Inspector of Police, Sirkazhi Police
Station, Mayiladuthurai District, pending investigation.
For Appellant : Mr.N.Sakthivel
For Respondents – 1 & 2 : Mr.V.Meganathan,
Government Advocate (Crl.Side)
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JUDGMENT
This Criminal Appeal has been filed by the appellant/accused seeking
to set aside the Order dated 09.09.2025 in Crl.M.P.No.1176 of 2025 passed
by the learned District and Sessions Judge, Mayiladuthurai and enlarge him
on bail in connection with Crime No.133 of 2025 on the file of 2nd
respondent Police, pending investigation.
2. The case of the prosecution is that on 18.03.2025, at 7.00 p.m.,
when 3rd respondent/de-facto complainant and his associate members were
sitting on Kondal Madhagadi, appellant/accused and other co-accused came
there and asked about one Mr.Vinith, for which, 3rd respondent/de-facto
complainant replied that he did not know about said Vinith. Under these
circumstances, appellant/accused and other co-accused scolded the 3rd
respondent/de-facto complainant and his associate members in filthy
language by mentioning their caste name. That apart, appellant/accused
assaulted the 3rd respondent/de-facto complainant by using Aruvaal over his
right hand and the co-accused assaulted one Mr.Ramar using Aruvaal over
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his right hand and threatened him with dire consequences. Therefore, 3rd
respondent/de-facto complainant has lodged a complaint to 2nd respondent
Police regarding the said occurrence. Based on the complaint given by 3rd
respondent/de-facto complainant, 2nd respondent Police registered a case in
Crime No.133 of 2025 against the appellant/accused and two other co-
accused.
3. The learned counsel for appellant/accused submitted that 3rd
respondent/de-facto complainant has lodged a false complaint against the
appellant/accused. The appellant/accused did not commit any offences as
alleged by the prosecution.
3.1. It is further submitted by the learned counsel for
appellant/accused that appellant/accused has been in judicial custody since
19.03.2025 and he is ready to abide any condition to be imposed by this
Court. Therefore, the learned counsel prayed that this Criminal Appeal may
be allowed and appellant/accused may be enlarged on bail.
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4. The learned Government Advocate (Crl.Side) appearing on behalf
of respondents 1 & 2 submitted that 12 previous cases were registered
against the appellant/accused and appellant/accused is a History Sheeted
Rowdy in H.S.No.263 of 2016. That apart, appellant/accused was detailed
under Goondas Act in COC.No.15 of 2025 dated 22.04.2025, TPDA
No.4501 dated 23.04.2025. Therefore, the learned Government Advocate
(Crl.Side) submitted that he has serious objection for granting bail to the
appellant/accused.
5. Heard the learned counsel for appellant/accused and the learned
Government Advocate (Crl.Side) for respondents 1 & 2.
6. Despite the service of notice, none appeared on behalf of 3rd
respondent/de-facto complainant.
7. From a perusal of the materials available on record, it is evident
that on the date of occurrence, appellant/accused assaulted the 3rd
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respondent/de-facto complainant by using Aruvaal. Hence, the aggrieved
3rd respondent/de-facto complainant has lodged a complaint to 2nd
respondent Police. Based on the complaint given by 3rd respondent/de-facto
complainant, 2nd respondent Police registered a case against the
appellant/accused in Crime No.133 of 2025 and remanded the
appellant/accused to judicial custody on 19.03.2025. Therefore,
appellant/accused filed a petition in Crl.M.P.No.1176 of 2025 before the
learned District and Sessions Judge, Mayiladuthurai seeking bail. However,
the learned District and Sessions Judge, Mayiladuthurai vide Order dated
09.09.2025, dismissed the said bail petition. Hence, appellant/accused has
preferred the present Criminal Appeal.
8. Considering the above facts and circumstances and also the period
of incarceration undergone by appellant/accused from the date of his arrest
i.e., 19.03.2025, this Court is inclined to set aside the Order dated
09.09.2025 in Crl.M.P.No.1176 of 2025 and allow this Criminal Appeal by
granting bail to appellant/accused.
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9. Accordingly, Order dated 09.09.2025 in Crl.M.P.No.1176 of 2025
passed by the learned District and Sessions Judge, Mayiladuthurai is set
aside and this Criminal Appeal is allowed. The appellant/accused is ordered
to be released on bail subject to the condition that he shall execute a bond
for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out
of which, one surety should be blood surety), each for a likesum to the
satisfaction of the learned District and Sessions Judge, Mayiladuthurai and
on further conditions that:
(a) The sureties shall affix their photographs and Left
Thumb Impressions in the surety bonds and the learned
Magistrate may obtain a copy of their Aadhaar Card or Bank
Pass Book and their mobile numbers to ensure their identity;
(b) The appellant/accused shall deposit a sum of
Rs.40,000/- (Rupees Forty Thousand only), after deducting the
amount which was already deposited by the appellant/accused,
if any, to the credit of Crime No.133 of 2025, within a period
of four weeks from the date of receipt of a copy of this order,
failing which, this order shall stand automatically cancelled.
(c) On such deposit being made, 3rd respondent/de-facto
complainant and other victim viz., Mr.Ramar shall withdraw
Rs.20,000/- (Rupees Twenty Thousand only) each from the
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amount deposited by appellant/accused in Crime No.133 of
2025, on proper identification, in the manner known to law.
(d) The appellant/accused shall stay at Thanjavur and
report before the Inspector of Police, Town Police Station,
Thanjavur on every Tuesday at 10.30 a.m., for a period of eight
weeks and thereafter, as and when required for interrogation.
(e) The appellant/accused shall not abscond either during
investigation or trial.
(f) The appellant/accused shall not tamper with evidence
or witness either during investigation or trial.
(g) On breach of any of the aforesaid conditions, the
learned Magistrate/Trial Court is entitled to take appropriate
action against appellant/accused, in accordance with law, as if
the conditions have been imposed and appellant/accused
released on bail by the learned Magistrate/Trial Court himself
as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs.
State of Kerala (2005)AIR SCW 5560.
(h) If appellant/accused thereafter absconds, a fresh FIR
can be registered under Section 229A IPC.
12.11.2025
mrr
Index: Yes/No
Speaking Order (or) Non-Speaking Order
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To
1.The District and Sessions Judge,
Mayiladuthurai.
2.The Deputy Superintendent of Police,
Sirkazhi Police Station,
Mayiladuthurai District.
3.The Inspector of Police,
Sirkazhi Police Station,
Mayiladuthurai District.
4.The Superintendent,
Central Prison, Cuddalore.
5.The Public Prosecutor,
High Court, Madras.
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T.V.THAMILSELVI, J.
mrr
12.11.2025
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