Mohammed Kader v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2026 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mohammed Kader, S/o. Khader Hameed, No.14a/91, Kalanthar Masthan Street, Kadayanallur, Tenkasi District..

... Petitioner Vs The State of Tamil Nadu, Rep. by, the Inspector of Police, Senthamaram Police Station, Tenkasi District.

Crime No.152 of 2026.

... Respondent/Complainant For Petitioner : Mr.K.Althaf Sheriff, for M/s.Ajmal Associates For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PRAYER :- C-8B. For Bail in Cr.No.152 of 2026 on the file of the Respondent Police.

1/6

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 27.04.2026 for the offences punishable under Sections 296(b), 118(1), 115(2), 109(1), 324(2), 351(3) & 49 of BNS, in Crime No.152 of 2026 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to property dispute, the petitioner's father trespassed into the defacto complainant's poultry farm and assaulted the defacto complainant using Helmet and caused serious injury. 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 27.04.2026. Hence, he seeks bail to the petitioner.

2/6

4. The learned Additional Public Prosecutor submitted that it is a case and case in counter and the petitioner has no previous cases and injured has been discharged from hospital. However, he opposed for 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tenkasi, 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 3/6

Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

[b] the petitioner shall report before the respondent police once in a week, ie., every Monday at 10.30 a.m., until further orders;

[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 4/6

SCW 5560];

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

(S S Y J) 06.05.2026 PJL TO 1.Judicial Magistrate, Tenkasi.

2. The Inspector of Police, Senthamaram Police Station, Tenkasi District.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

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

5/6

S.SRIMATHY,J PJL

ORDER

IN CRL OP(MD) No.9153 of 2026 Date : 06/05/2026 6/6