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Madras High Court
Akil Ashik vs State Of Tamilnadu Rep By Inspector Of ... on 17 April, 2026
CRL OP(MD). No. 7447 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 17.04.2026
PRESENT
THE HONOURABLE MR. JUSTICE P. DHANABAL
CRL OP(MD). No. 7447 of 2026
Akil ashik ...Petitioner/Accused-13
Vs
State of Tamil Nadu rep. by
The Inspector of Police,
Anna nagar Police Station
Madurai.
(Crime No. 96 of 2026 ) ...Respondent/Complainant
For Petitioner : Mr.M.Arun Kumar
Advocate.
For Respondent : Mr.B.Nambi Selvan
Additional Public Prosecutor
PETITION FOR BAIL Under Sec.483 of BNSS
PRAYER :-
For Bail in Cr.No. 96 of 2026 on the file of the respondent police.
ORDER :
The Court made the following order :-
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The petitioner / Accused, who was arrested and remanded to
judicial custody on 12.03.2026 for the offences punishable under
Sections 127(2), 191(2), 191(3), 115(2), 118(1), 109 of BNS @ 127(2),
191(2), 191(3), 115(2), 118(1) & 103(1) of BNS, in Crime No.96 of 2026
on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the complainant is the wife of
the deceased. The deceased was running a business in the name of 'Thai
Store' at Andalpuram and also indulged in a broker business and car
hiring etc., In such circumstances, the deceased along with his friends
has hired a car from A4 and subsequently, it was mortgaged by the
deceased with A1. On knowing the same, the owner of the vehicle, A4
and his friends called the deceased and his friends for compromise talk
on 11.02.2026 and at that time, there was some wordy altercation
between them. At that time, the petitioner and the other accused are said
to have brutally attacked the deceased with a wooden log and their hands
and caused multiple injuries all over the body. Immediately, he was taken
to the Muthukulathur Government Hospital, and thereafter, shifted to
Ramanathapuram Government Hospital for further treatment on
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13.02.2026 and in the hospital, he died on 18.02.2026. Hence, the
respondent police registered a case against the accused for the aforesaid
offences and arrested the petitioner. Hence, this petition.
3. The learned counsel appearing for the petitioner would submit
that the petitioner is innocent and he was falsely implicated in this case
and he has not committed any offence as alleged by the prosecution. He
would further submit that the alleged attack was only made by A1, A2 &
A3, and he has no previous case and he has been arrested and remanded
to judicial custody on 12.03.2026. Therefore, prayed to grant bail for the
petitioner.
4. The learned Additional Public Prosecutor appearing for the
respondent would submit that there are totally 12 accused are involved in
this case. The petitioner is arrayed as A13. The petitioner is running a
shop where the occurrence took place. The deceased hired a car from A4
and subsequently, mortgaged the same with A1 without the knowledge of
A4. In that dispute, the accused are brutally attacked the deceased and
caused death to him. He would further submit that no previous case is
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pending against the petitioner. He would further submit that the
investigation is almost completed and the offences are grave in nature
and hence, he opposed to grant bail to the petitioner.
5. This Court heard both sides and perused the materials available
on record.
6. Considering the rival submissions made by the learned counsel
on either side, nature of offence, and considering the facts that the
petitioner is only the owner of a shop where the occurrence took place
and the investigation is almost completed, and no previous case is
pending against the petitioner and also considering the period of
incarceration undergone by the petitioner, this Court is inclined to grant
bail to the petitioner subject to the following conditions:
[a] Accordingly, the petitioner is ordered to be released
on bail on condition to execute a bond for a sum of
Rs.10,000/- (Rupees Ten Thousand only) with two sureties
each for a like sum to the satisfaction of the learned Judicial
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Magistrate-VI, Madurai, and on further conditions that:
[b] the petitioner shall report before the learned
Judicial Magistrate-VI, Madurai on all working days at
10.30 a.m., until further orders;
[c] the petitioner shall not commit any offence similar to
the offence of which he/she is accused, or suspected, or of the
commission of which he/she is suspected;
[d] the petitioner shall not abscond either during
investigation or trial;
[e] 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 her from disclosing
such facts to the Court or to any police officer or tamper with
the evidence;
[f] On breach of any of the aforesaid conditions, the
learned Judicial Magistrate/Trial Court is entitled to take
appropriate action against the petitioner in accordance with
law as if the conditions have been imposed and the petitioner
released on bail by the learned Magistrate/Trial Court himself
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as laid down by the Hon'ble Supreme Court in P.K.Shaji vs.
State of Kerala [(2005)AIR SCW 5560].
[g] If the accused thereafter absconds, a fresh FIR can
be registered under Section 269 BNS.
(P D B J)
17.04.2026
apd
To
1.The Judicial Magistrate-VI, Madurai.
2.The Inspector of Police,
Anna nagar Police Station
Madurai.
3. The Superintendent, District Jail, Dindgul.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J
apd
ORDER
IN
Date : 17.04.2026
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https://www.mhc.tn.gov.in/judis
