Abdul Kabur Bazeer v. State Of Tamilnadu Rep By Inspector Of Police, Gandhi Market

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09.04.2026 PRESENT THE HONOURABLE MR. JUSTICE P. DHANABAL Abdul Kabur Bazeer ...Petitioner/Accused No.1 Vs State of Tamil Nadu rep. by The Inspector of Police, Gandhimarkert Police Station, Trichy District.

(Crime No.267 of 2025)

...Respondent/Complainant

For Petitioner:Mr.P.Pandia Rajan For Respondent:Mr.P.Kottai Chamy Government Advocate (Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No. 267 of 2025 on the file of the respondent police.

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ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 01.07.2025 for the offences punishable under Sections 118(1), 103(1), 111(2)(a) and 3(5) of BNS, 2023, in Crime No.267 of 2025 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant's husband namely Sivakumar was running a two wheeler tyre puncture shop near Subhaka Petrol Bunk, Palpannai, Trichy. On 30.06.2025, at about 07.30 p.m., a wordy quarrel arose between the deceased, the petitioner and one Raja regarding the sharing of liquor. During the said quarrel, the petitioner attacked the deceased with a cement slab stone causing fatal injuries and the deceased died. Hence, the complaint.

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3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he was falsely implicated in this case and he is no way connected in the above said incident. He has not committed any offence as alleged by the prosecution. The petitioner has been arrested and remanded to judicial custody on 01.07.2025. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that the investigation is completed and charge sheet is filed and the same was taken on file in S.C.No.504 of 2025 by the learned Principal District and Sessions Judge, Trichy and the same is pending trial. He would further submit that the petitioner was detained under Act 14 of 1982 and thereafter, it was quashed by this Court. However, he strongly opposed to grant bail to the petitioner.

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5. This Court heard both sides and perused the materials available on record.

6. Considering the rival submissions made by the learned counsel on either side, nature of offence, and considering the fact that the investigation is completed and charge sheet is filed and S.C.No.504 of 2025 before the learned Principal District and Sessions Judge, Trichy is pending for trial and the petitioner was detained under Act 14 of 1982 and thereafter, it was quashed by this Court and though the petitioner has four previous cases, in all cases the petitioner was already granted bail and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on 4/8

condition to execute 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 Judicial Magistrate No.V, Trichy, and on further conditions that:

[b] the petitioner shall report before the learned Judicial Magistrate No.V, Trichy, on all working days at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which she is accused, or suspected, or of the commission of which she is suspected;

[d] the petitioner shall not abscond either during investigation or trial;

[e] the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade 5/8

her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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 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].

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

(P D B J) 09.04.2026 vsg 6/8

To 1.The learned Judicial Magistrate No.V, Trichy. 2.The Inspector of Police, Gandhimarkert Police Station, Trichy District.

3.The Superintendent, Central Prison, Trichy. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL, J vsg

ORDER

IN CRL OP(MD) No. 7044 of 2026 Date : 09.04.2026 8/8