Makful Hussain 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 Makful Hussain ... Petitioner/Accused Vs The State of Tamil Nadu, Rep By, The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

Cr.No.37 of 2025.

... Respondent/Complainant For Petitioner : Mr.E.Jayakumar For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor 1/5

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.37 of 2026 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.12.2025 for the offences punishable under Sections 126(2), 115(2), 324(4), 70 and 351(2) of BNS, in Crime No.37 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons, wrongfully restrained the defacto complainant and attacked the de facto complainant's husband, causing injuries to him, and also criminally intimidated the defacto complainant. 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 2/5

in judicial custody from 15.12.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the offences committed by the accused are serious in nature. Therefore, he opposed for grant of bail to the petitioner.

5. On perusal of the statement recorded under Section 164 of Cr.P.C., this Court is of the considered opinion that the petitioner has committed a heinous crime against the victim, who was a pregnant woman, and that the petitioner chased away the husband and committed a heinous gang rape. Considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is dismissed. (S S Y J) 20.01.2026 jbr 3/5

TO

1. The Judicial Magistrate No.I, Thoothukudi District.

2. The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

3. 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.700 of 2026 Date : 20/01/2026 5/5