Abdul Malik v. The State Rep By, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2025
CORAM
THE HONOURABLE MR.JUSTICE K.RAJASEKAR Abdul Malik Petitioner(s) Vs The State Rep By, The Inspector of Police Muthupettai Police Station, Tiruvarur District. Crime No.396 of 2006.
Respondent(s) PRAYER This Criminal Original Petition is filed under Section 483 of BNSS to enlarge the petitioner on bail in S.C.No.41 of 2022 on the file of the Sessions Judge, Fast Track Mahila Court, Tiruvarur in Crime NO.396 of 2006. For Petitioner(s):
Mr.N.Palanivel For Respondent(s):
Mr.A.Gopinath, GA (Crl.Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 22.09.2025, for the offence punishable under Sections 147, 148, 149, 352(ii), 506(ii) of IPC and Section 3(1) of TNPPDL Act in S.C.No.41 of 2022 on the
file of the Sessions Judge, Fast Track Mahila Court, Tiruvarur in Crime No.396 of 2006, seeks bail.
2. The learned counsel for the petitioner submits that a Non-Bailable Warrant was issued against the petitioner on June 3, 2022, due to his absence from Court, as he was out of station for work-related obligations. Learned counsel submits that the petitioner surrendered before the Sessions Fast Track Mahila Court, Tiruvarur, on September 22, 2025, and was remanded to judicial custody and thereafter, petitioner moved a bail application and the same was dismissed by the learned Sessions Judge, Fast Track Mahila Court, Thiruvarur, on October 6, 2025. The learned counsel further submits that the petitioner now undertakes to cooperate with the trial, produce sureties and abide by the Court conditions. Hence, the learned counsel for the petitioner prays for grant of bail to the petitioner.
3. The learned Government Advocate (Crl.Side) appearing for the respondent police strongly objected to enlarge the petitioner on bail stating that
petitioner may abscond and tamper the witness. 4.
Considering the facts and circumstances of this case, and also taking into account the period of incarceration undergone by the petitioner, this court is inclined to grant bail to the petitioner with certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Sessions Judge, Fast Track Mahila Court, Tiruvarur 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 appear before the concerned Court daily at 10.30 a.m for a period of three weeks. (c) the petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the petitioner shall not abscond either during
investigation or trial;
(e) on breach of any of the aforesaid conditions, the Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
14-10-2025 gbi Index:Yes/No Speaking/Non-speaking order Internet:Yes 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 Inspector of Police Muthupettai Police Station, Tiruvarur District.
2. The Fast Track Mahila Court, Tiruvarur.
3. The District Prison, Nagapattinam.
4. The Public Prosecutor, High Court of Madras.
K.RAJASEKAR, J.
gbi CRL OP No. 27934 of 14-10-2025