Shahul Hameed v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2026

CORAM

THE HONOURABLE MR JUSTICE K.RAJASEKAR Crl.O.P.No.3970 of 2026 Shahul Hameed ... Petitioner Vs.

The State rep by The Inspector of Police, Kezhaiyur Police Station, Nagapattinam.

... Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in S.C.No.148 of 2025 on the file of Sessions Judge, Fast Track Mahila Court, Nagapattinam.

For Petitioner : Mr.T.Ananthasekar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.07.2025, for the alleged offence punishable under Sections 194 of BNSS 1/7

@ 103, 309(4), 3(5) of BNS in S.C.No.148 of 2025 on the file of Sessions Judge, Fast Track Mahila Court, Nagapattinam in connection with Cr.No.178 of 2025 on the file of the respondent police, seeks bail.

2. The allegation against the petitioner is that he is paramour of the victim lady in this case and with a view to steal the gold jewels, the petitioner, on the date of occurrence, went to the house of the defacto complainant, smarted and murdered her and also taken away the gold jewels, which led to the registration of the case and based on the same, the petitioner was arrested. Hence, the present petition has been filed seeking bail.

3. The learned counsel appearing for the petitioner submitted that originally, the case was registered under suspicious death. Since the petitioner was having some relationship with the victim lady, he has been falsely implicated in this case, as if he has murdered. He further submitted that the petitioner is in custody from 23.07.2025 and he is ready to cooperate with the trial process and also ready and willing to abide by any conditions that may be imposed by this court. Hence, he prayed for grant of bail to the petitioner.

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4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the petitioner is the main accused, who committed murder of the deceased. If the petitioner is enlarged on bail, there is a likelihood in indulging in similar offences and also tampering the evidences. Hence, he opposed for grant of bail to the petitioner.

5. I have also gone through the records and other connected materials, which reveals that though it is stated the petitioner has committed murder for gain, there is no recovery of jewels from the petitioner. Further, the petitioner is in custody for more than six months. Now, the case is pending for trial in S.C.No.148 of 2025 on the file of the Sessions Judge, Fast Track Mahila Court, Nagapattinam.

6. Considering the above facts I am inclined to grant bail to the petitioner, subject to certain conditions.

7. 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 3/7

only) with two sureties, for a like sum to the satisfaction of the Sessions Judge, Fast Track Mahila Court, Nagapattinam and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the Sessions Judge, Fast Track Mahila Court, Nagapattinam on all working days at 10.30 a.m for a period of three weeks and thereafter as and when required for interrogation; [c] the petitioner shall make himself available for interrogation by a Police Officer as and when required; [d] the petitioner shall not directly or indirectly cause any threat to the de facto complainant and witnesses;

[e] the petitioner to give an undertaking that if required for being identified by witnesses during investigation or for police custody beyond the first fifteen days, he shall comply to the directions as may be given by the Court in this regard;

[f] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled 4/7

to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner 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)13 SCC 283];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 18.02.2026 Vv 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 the official website of this Court will be watermarked and will also have a QR code.

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To

1. The Sessions Judge, Fast Track Mahila Court, Nagapattinam

2. The Inspector of Police, Kezhaiyur Police Station, Nagapattinam.

3. The District Prison, Nagapattinam.

4.The Public Prosecutor, High Court of Madras.

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K.RAJASEKAR , J.

Vv Crl.O.P.No3970 of 2026 18.02.2026 7/7