Khan @ Ayubkhan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Khan @ Ayubkhan ... Petitioners/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Shengottah Police Station, Tenkasi District.

Cr.No.170 of 2008. ... Respondents/Complainants For Petitioner : Mr..Sathyachidambaram For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail in P.R.C.o.44 of 2018 on the file of the learned District Munsif cum Judicial Magistrate Court, Sengottah, Tenkasi District, in connection with Cr.No.170 of 2018 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 24.12.2025 for the offences punishable under Sections Girl Missing @ 366, 343, 376, 506(ii) of IPC r/w. 109 of IPC, in P.R.C.No.44 of 2018 on the file of the learned District Munsif cum Judicial Magistrate Court, Sengottah, Tenkasi District, in connection with Cr.No.170 of 2018 on the file of the respondent police.

2. The case of the prosecution is that when the defacto complainant was studying 12th standard in the year of 2018, A-1 kidnapped her with the help of the petitioner and also had sexual intercourse with her. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 24.12.2025. Hence, he seeks bail to the petitioner.

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4. The learned Additional Public Prosecutor submitted that the petitioner has been absconding for the past 17 years and that he is a friend of A-1. Therefore, he opposed the grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Sengottah, Tenkasi District, and on further conditions that :- [a] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. 3/6

[b] the petitioner shall report before the Trial Court daily at 10.30 a.m., until the trial is completed. [c] the petitioner shall not tamper with the 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 learned 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 is 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)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 BNS.

(S S Y J) 20.01.2026 jbr 4/6

TO

1. The District Munsif cum Judicial Magistrate, Sengottah, Tenkasi District.

2. The Superintendent, Central Prison, Palayamkottai.

3. The Inspector of Police, Shengottah Police Station, Tenkasi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.713 of 2026 Date : 20/01/2026 6/6