Madras High CourtCRL OP(MD)/10697/2025allowed

Mohammed Kadharsha v. The State Of Tamil Nadu

2025-06-26Honourable Mr Justice P.Vadamalai5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/06/2025 PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI Mohammed Kadharsha, S/o.Noor Mohammed, ..Petitioner/ Accused No.3 Vs The State of Tamilnadu rep.by The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District.

(Crime No.158 of 2025) .. Respondent/Complainant For Petitioner : Mr.D.Rameshkumar Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.158 of 2025 on the file of the Respondent Police. ORDER : This Court made the following order :- 1/5

The petitioner / Accused, who was arrested and remanded to judicial custody on 09.06.2025 for the offences punishable under Sections 296(b), 326(g), 351(3) of BNS, 2023 and Section 4(a) of Explosive Substances Act in Crime No.158 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto-complaint's husband murdered one Dineshkumar on 04.06.2025, and he was remanded to judicial custody. Due to such motive, this petitioner and other accused persons went to the house of the defacto-complainant and abused her by using filthy language and threatened her with dire consequences and thrown petrol bomb in front of the defactocomplainant's house. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution. The petitioner is ready and willing to abide any conditions that may be imposed by this Court. He would further submit that the petitioner is in custody from 09.06.2025 nearly 17 days. Hence, he seeks bail.

4. The learned Government Advocate (Criminal Side) would submit that the defacto-complaint's husband murdered one Dineshkumar on 04.06.2025. These accused persons are the friends of the said Dineshkumar. This petitioner and other accused persons have decided to take a revenge for their friend's death and thereby 2/5

they went to the house of the defacto-complainant and abused her by using filthy language and threatened her with dire consequences and they hurled petrol bomb in front of the defacto-complainant's house. At the time of occurrence no one injured. There is no previous case against this petitioner. The allegations are serious in nature. Hence, he strongly objected to grant bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also taking note of the fact that in this case, at the time of occurrence no one injured, FIR was registered on 09.06.2025, by this time, material part of investigation might have been completed, the petitioner/accused No.3 remanded into judicial custody on 09.06.2025, taking into consideration of the period of incarceration, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of Judicial Magistrate No.1, Pudukottai and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] The petitioner shall furnish his residential address and contact number to 3/5

the Judicial Magistrate No.1, Pudukottai. If the petitioner changes his residential address, he shall report the same to the Judicial Magistrate No.1, Pudukottai; [c] the petitioner shall stay at Madurai and he shall appear and sign before the Inspector of Police, Tallakulam Police Station daily twice at 10.30 a.m. and 05.30p.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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 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.

sd/- 26/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GVN TO 1 THE JUDICIAL MAGISTRATE NO.1, PUDUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI.

3 THE SUPERINTENDENT, DISTRICT PRISON, PUDUKOTTAI.

4 THE INSPECTOR OF POLICE, GANESH NAGAR POLICE STATION, PUDUKOTTAI DISTRICT.

5 THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI.

6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.10697 of 2025 Date :26/06/2025 NM/26.06.2025 5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5