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Madras High Court
Faisal Rahuman vs State Rep By on 22 May, 2026
Crl.OP.P.No.12653 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2026
CORAM:
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
Crl.O.P.No.12653 of 2026
Faisal Rahuman
S/o. Mohammed Rafik ...Petitioner/A4
Vs.
The State of Tamil Nadu,
Rep. By the Inspector of Police,
H-6 R.K.Nagar Police Station,
Chennai ...Respondent
For petitioner : Mr.A.Venkateswara Babu
For Respondent : Mr. R.Ganesh Kumar,
Counsel for Government of Tamil Nadu
(criminal side)
PRAYER: Criminal Original Petition filed under Section 483 of
Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the
petitioner on bail pending investigation of the case connected with
the crime No.101 of 2026 (on the file of the Inspector of Police, H-6
R.K.Nagar Police Station, Chennai
ORDER
This Criminal Original Petition has been filed by the petitioner on
12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita,
2023, praying to grant bail.
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2. The petitioner was arrested and remanded to judicial custody on
27.03.2026 for the alleged offences punishable under Sections 310(4),
310(5) of BNS, 2023 and 8(c), 20(b)(ii)(a) & 22(a) & 29(1) of NDPS Act,
in Crime No.101 of 2026, on the file of the respondent police.
3. The case of the prosecution is that on 27.03.2026, the defacto
complainant arrived near a yard at around 06.15 in the morning and saw
hooligans there. Three people were entering Tondiarpet hideout. Defacto
complainant became suspicious and went to them to find out who they
were and why they gathered together. When defacto complainant went to
them from behind, the petitioner and other accused gathered and were
talking to commit some criminal act and they had weapons like knifes,
rolling pins and ropes that could endanger human life. Petitioner and
other accused threatened the people who came from outside to collect oil
in oil tankers and traders who were taking money for business. Gang
leader was telling petitioner and other accused how to execute the plan to
rob and escape and that petitioner had to execute it right away. The
petitioner and other accused there agreed to it. Furthermore, in the
confessional statement given by A1, it was stated that A-2 who was with
him was used ganja and narcotics, narcotic tablets that were banned by
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the Government and found that there were about 20 grams of cannabis
and 7 Nitrazepam tablets 5.31 grams of narcotic tablets and they were
recovered from A-2. Hence, the case.
4. The learned counsel for the petitioner submits that the petitioner
is an innocent person and has not committed any offence as alleged by the
prosecution. He further submitted that there was no recovery from the
petitioner and the petitioner is in judicial custody since 27.03.2026.
Accordingly, he prayed to grant bail to the petitioner.
5. The learned Counsel for Government of Tamil Nadu (Criminal
side) appearing for the respondent police submitted that the petitioner has
nine previous cases, out of which one is of NDPS Act. Hence, he prayed
to dismiss this Criminal Original Petition.
6. Heard on both sides. This Court has perused the records.
7. The petitioner is arrayed as A4 and at the time of arrest, ganja
(small quantity) was recovered by the respondent police. Though there
are previous cases, the petitioner was arrested on 27.03.2026 and has
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been incarcerated for the past 25 days. The petitioner has permanent
residence and deep roots in the society. Hence, there is less possibility of
absconding. Hence, considering the above reasons, with a view to give
one more opportunity to reform himself and also considering the nature
of the offence allegedly committed by the petitioner, this Court is inclined
to grant bail to the petitioner, however subject to conditions. Accordingly,
bail is granted to the petitioner subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees
Fifty Thousand only) along with two sureties each for a like sum of
Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of
the XVI Metropolitan Magistrate, G.T.Court, Chennai
(ii) The sureties shall affix their photographs and left thumb
impression in the Application for Suretyship [Judicial Form No.46
annexed to 'The Criminal Rules of Practice, 2019']. The learned XVI
Metropolitan Magistrate, G.T.Court, Chennai shall obtain a copy of any
one of their identity proofs to ensure their identity;
(iii) The petitioner shall appear and sign before the respondent-
police daily at 10.00 a.m. and 05.00 p.m. until further orders.
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(iv) The petitioner shall not, directly or indirectly, cause any
threat to the defacto complainant and witnesses; and
(v) On breach of any of the aforementioned conditions, the learned
XVI Metropolitan Magistrate, G.T.Court, Chennai is entitled to pass
appropriate orders against the petitioner in accordance with law as if the
aforementioned conditions are imposed by thems as laid down by the
Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC
283].
8. Accordingly, this Criminal Original Petition is allowed subject to
the conditions stated supra.
22.05.2026
lok/dm
Note: 1. Registry is directed to forthwith upload this order in the
official website of this Court.
2. All concerned to act on this order being uploaded in official
website of this Court without insisting on certified hard copies. To be
noted, this order when uploaded in official website of this Court will
be watermarked and will also have a QR code.
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R.SAKTHIVEL.J.,
lok/dm
To
1.XVI Metropolitan Magistrate, G.T.Court, Chennai
2.Inspector of Police,
H-6 R.K.Nagar Police Station,
Chennai
3.The Superintendent,
Central Prison,
Puzhal.
4.The Public Prosecutor,
High Court, Madras.
22.05.2026
https://www.mhc.tn.gov.in/judis
