Citation : 2026 Latest Caselaw 2319 Mad
Judgement Date : 6 May, 2026
Crl.O.P.No.11220 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.05.2026
CORAM
THE HON'BLE MRS. JUSTICE L.VICTORIA GOWRI
Crl.O.P.No.11220 of 2026
Yusuf Mohammed Haji ... Petitioner
Vs.
State Rep. by,
The Inspector of Police,
Nallur Police Station,
Tiruppur District. (Crime No.703 of 2023). ... Respondent
PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in the case
connection with S.C.No.346 of 2023 on the file of the I Additional District and
Sessions Court, Tiruppur.
For Petitioner : Mr.S.Selvakumar
For Respondent : Mr.V.J.Priyadarsana
Government Advocate (Crl.Side)
ORDER
Petition seeking bail in respect of S.C.No.346 of 2023 pending on the file
of the I Additional District and Sessions Court, Tiruppur, in connection with
Crime No. 703 of 2023 registered for the offences punishable under Sections 341,
294(b), 395 and 397 of IPC, is on board for consideration.
https://www.mhc.tn.gov.in/judis
2. Learned counsel for the petitioner submitted that the petitioner/A3 is
facing trial in S.C.No.346 of 2023 on the file of the I Additional District and
Sessions Court, Tiruppur. He further submitted that since the petitioner was
unaware of the Court hearing dates, he was unable to appear before the trial Court.
Consequently, a non-bailable warrant was issued against him on 11.01.2024 and
pursuant to the same, he was arrested on 27.02.2026. He also submitted that the
petitioner undertakes to appear before the trial Court on all hearing dates without
fail and will cooperate for the speedy conduct of the trial. Hence, he prayed for the
grant of bail to the petitioner.
3. Learned Government Advocate (Criminal Side) appearing for the
respondent, while objecting to the grant of bail, submitted that the non-bailable
warrant issued against the petitioner/A3 on 11.01.2024 and executed on
27.02.2026. He further submitted that there are 12 witnesses in this case and the
case now stands posted for accused appearance. He also submitted that three
previous cases are pending against the petitioner.
4. Heard both sides and perused the materials available on record.
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5. Taking note of the facts and circumstances of the case, nature of
allegations, submissions made by the learned counsels on either side and the
period of incarceration undergone by the petitioner, this Court is inclined to grant
bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail on his
executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)
with two sureties, each for a like sum, to the satisfaction of the learned I
Additional District and Sessions Court, Tiruppur, and on further conditions
that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[b] the petitioner shall report before the trial Court everyday at 10.30 a.m., for a period of one month and thereafter, on all hearing dates without fail;
[c] the petitioner shall not abscond during trial;
[d] the petitioner shall not tamper with evidence or witness during trial;
[e] On breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate
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action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.
06.05.2026
ham 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.
To
1. The I Additional District and Sessions Judge, Tiruppur.
2. The Inspector of Police, Nallur Police Station, Tiruppur District.
3. The Superintendent, Central Prison, Coimbatore.
4. The Public Prosecutor, High Court of Madras.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
ham
06.05.2026
https://www.mhc.tn.gov.in/judis
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