Mohammed Ayoob v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN Mohammed Ayoob ..Petitioner Vs The State represented by The Sub Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

Crime No.625 of 2021 ..Respondent PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail, in Crime No.625 of 2021 pending on the file of the Sub Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

For Petitioner:

Mr.S.Siddharth For Respondent:

Mr.S.Vinoth Kumar, Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.07.2025 for the alleged offences under Sections 147, 148, 294(b), 120(B), 302 r/w 34 of Indian Penal Code, (Sections 191, 296, 61, 103 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023), in Crime No.625 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner has been arrayed as A10 in the above case. On 10.09.2021 at about 6.15 p.m., the defacto complainant along with his brother Wasim Akram and friends Mansoor Ahmed and Ayas Ahmed went near Bilal School to offer prayers. After the prayers, while they were returning home at about 6.40 p.m., the accused persons came in an Ertiga car bearing Registration No.TN-07-BR-4032 and attacked the defacto complainant's brother with knives and committed his murder in the presence of the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner submitted that this is a case of jumped bail. According to him, earlier the petitioner was regularly appearing before the Trial Court after the final report was filed and the case was taken on file as S.C.No.7 of 2024 on the file of the District Sessions Court, Tirupathur. However, on one hearing date, the petitioner could not appear due to ill-health and therefore Non-Bailable Warrant was issued against him. The learned counsel would further submit that NBW was ordered on 08.07.2025 and the petitioner was secured and remanded to judicial custody on 28.07.2025 and since then he has been under incarceration. He would further submit that the petitioner is ready to furnish sufficient sureties and abide by any condition imposed by this Court. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police opposed the bail application. However, he would fairly submit that prior to the issuance of the Non-Bailable Warrant, the petitioner was regularly appearing before the Trial Court.

5. I have given anxious consideration to the submissions made by the learned counsel on either side.

6. From the submission of the learned counsel on either side, this Court is of the view that the petitioner was earlier appearing before the Trial Court regularly and the Non-Bailable Warrant appears to have been issued only due to his absence on a particular hearing date. Considering the above facts and circumstances of the case and also taking into account the period of incarceration undergone by the petitioner since 28.07.2025, this Court is 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 only), with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate Court, Vaniyambadi, Tirupathur, and subject to the following conditions:

[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 Trial Court concerned daily at 10.30 a.m. until further orders; [c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] on breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions had been imposed and the petitioners released on bail by the learned Magistrate/Trial Court itself, as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] if the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.

8. It is made clear that if the petitioner seeks any relaxation of the bail conditions, he is at liberty to approach the concerned Trial Court. 12-03-2026 NSL

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. To

1. The Judicial Magistrate Court, Vaniyambadi, Tirupathur.

2. The Central Jail, Vellore District.

3. The Sub Inspector of Police, Vaniyambadi Town Police Station, Tirupathur District.

4. The Public Prosecutor, High Court of Madras.

C.KUMARAPPAN, J.

NSL 12-03-2026