Kaleel Ahamed v. State Of Tamilnadu Rep By Inspector Of Police, Ss Colony
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2026 PRESENT The HONOURABLE MR. JUSTICE R.VIJAYAKUMAR Kaleel Ahamed ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, SS Colony Police Station, Madurai District.
Crime No.487 of 2019..
... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, For Respondent : Mr.R.Meenakshi Sundaram, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Cr.No.487 of 2019 on the file of the Respondent Police. 1/7
ORDER : The Court made the following order :- The petitioner, who was arrested on execution of NBW on 12.08.2025 and facing trial in S.C.No.183 of 2020 on the file of the Additional District & Sessions Court, Madurai for the offences under Sections 147, 447, 294(b), 324, 302 IPC in Crime No.487 of 2019 on the file of the respondent Police, seeks bail.
2. The case of the prosecution is that due to previous enmity, the accused persons conspired together, abused the deceased in filthy language and assaulted him with Aruval and other deadly weapons, as a result of which the deceased died on the spot. Hence, the complaint.
3. The learned counsel for the petitioner submitted that he is an innocent person and not committed any offence as alleged by the prosecution. In this case, though charge sheet was taken on file in the year 2020, trial was not yet commenced. Even for non-appearance for a single day, NBW was issued and the petitioner was remanded into judicial custody. The trial Court had rejected the application filed by the petitioner for grant of bail. Hence, he seeks bail for the petitioner. 2/7
4. The learned Additional Public Prosecutor submitted that due to the non-appearance of the petitioner, a Non-Bailable Warrant had been issued against him and that if he is released on bail, there is a likelihood of his absconding, which would affect the trial. Further, the petitioner has 11 previous cases to his credit. Considering the nature of the offence, he strongly opposed the grant of bail to the petitioner.
5. This Court heard both sides and perused the materials available on record.
6.On perusal of the order passed by the trial Court in Crl.M.P.No. 337 of 2026, dated 29.01.2026, it is revealed that though the petitioner has been regularly appearing before the Court from the year 2020, he was absent on 18.07.2025, for which a Non-Bailable Warrant was issued against him by dismissing the petition filed by him under Section 317 Cr.P.C. On execution of NBW, the petitioner was remanded to judicial custody on 12.08.2025. Even for a single non-appearance, a NBW was issued against him and detained in judicial custody. 3/7
7.Considering the fact that the petitioner had already been granted bail and thereafter, due to his non-appearance, a NBW was issued and also considering the long 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 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 I Additional District Judge, Madurai and on further conditions that:
[b] the petitioner shall co-operate with the trial before the learned I Additional District Judge, Madurai till the disposal of SC No.183 of 2020.
[c] the petitioner shall not commit any offence similar to the offence of which he is accused, or suspected, or of the commission of which he/she is suspected;
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[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 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 Judge/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 Judge/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.
(R V J) 20.05.2026 PNM 5/7
TO
1. The I Additional District & Sessions Court, Madurai
2. Do-Through The Chief Judicial Magistrate, Madurai District.
3. The Superintendent, Central Prison, Madurai.
4. The Inspector of Police, SS Colony Police Station, Madurai District.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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R.VIJAYAKUMAR,J PNM
ORDER
IN CRL OP(MD) No.9710 of 2026 Date : 20/05/2026 7/7