Mohammed Zubher v. The State Rep By, The Inspector Of Police,
2026:MHC:1604
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-04-2026
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN in Crl.A.No.208 of 2025 Mohammed Zubher S/o.Auyuf, No.236, Thomsonpettai, Kaveripattinam, Krishnagiri District - 635 112.
..Petitioner(s) Vs The State rep by, The Inspector of Police, Mangalam Police Station, Tiruppur District.
Cr.No.111 of 2022 ..Respondent(s) Petition for leave/Parole filed under Section 528 of BNSS, 2023 to grant leave of 30 days to the petitioner/appellant herein, who is lodged in Central Prison, Coimbatore so as to attend his wedding on 30.04.2026 at Thendral Mahal, Podanur Main Road, Coimbatore, pending disposal of the Criminal Appeal in Crl.A.No.208/2025 and thus render justice. For Petitioner(s):
Mr.G.Mageshkumar For Respondent(s):
Mr.S.Raja Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by Dr.Anita Sumanth J.) This is a petition seeking leave of 30 days to the petitioner/appellant herein, presently confined in Central Prison, Coimbatore, to attend his wedding, scheduled on 30.04.2026.
2. We had, on the last occasion, directed the learned Additional Public Prosecutor to verify the reasons for leave and today, Mr.S.Raja Kumar, learned Additional Public Prosecutor confirms the position that the arrangements for the marriage of the petitioner are on-going and the marriage itself is scheduled on 30.04.2026. Hence, we are inclined to accept the prayer of the petitioner and grant him leave for 30 days.
3. Accordingly, the petitioner is granted leave for 30 days without escort, though on the following conditions:
(i) Respondents are directed to release the petitioner viz., Mohammed Zubher, S/o.Auyuf, aged 26 years, confined at Central Prison, Coimbatore on leave for a period of 30 days i.e., from 28.04.2026 to 27.05.2026 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 Principal Sessions Judge, Tiruppur.
(ii) The petitioner shall be released on 28.04.2026 at 10.00 am and he shall surrender before the Central Prison, Coimbatore on 28.05.2026 before 10.00 a.m.
(iii) 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 Principal Sessions Judge shall obtain a copy of any one of the identity proofs to ensure their identity.
(iv) The petitioner shall report before the Inspector of Police, Tiruppur Police Station in the morning at 10.30 AM once every three days during the period of leave. (v) The petitioner shall not abscond either during the period of leave.
(vi) The petitioner shall not tamper with the evidence or witness either during the period of leave.
(vii) On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions had been imposed and the petitioner 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].
(viii) If the petitioner thereafter abscond, a fresh FIR may be registered under Section 269 of the Bharatiya Nyaya Sanhita, 2023.
4. This Criminal Original Petition is ordered in the aforesaid terms. (A.S.M.,J.) (S.M.,J.) 27-04-2026 sl 1/2 Index: Yes/No Speaking/Non-speaking order Note to Registry: Issue Today.
To
1. The Inspector of Police, Mangalam Police Station, Tiruppur District.
2. The Public Prosecutor, High Court of Madras.
3. The Superintendent of Prison, Central Prison, Coimbatore.
4. The Principal Sessions Court, Tiruppur.
DR.ANITA SUMANTH J.
AND SUNDER MOHAN J.
SL 27-04-2026