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Madras High CourtCRL OP(MD)/10965/2026granted

Umar Mukthar v. State Of Tamilnadu Rep By Inspector Of Police, Shenkottai

2026-06-12Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/06/2026

CORAM

THE HONOURABLE MR. JUSTICE P. DHANABAL Umar Mukthar ... Petitioner/Sole Accused Vs State of Tamilnadu Rep by, The Inspector of Police, Shenkottai Police Station, Tenkasi District.

Crime No.417/2018. ... Respondent/Complainant PRAYER :- To enlarge the petitioner on bail in S.C.No.9 of 2022 on the file of the Chief Judicial Magistrate, Tenkasi, in connection with Crime no.417/2018 on the file of the Respondent Police. For Petitioner : M.Mohamed Sherbudeen, Advocate.

For Respondent : Mr.G.Ganesh Kumar, Government Advocate (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to 1/6

judicial custody on 29.05.2026 for the offence punishable under Section 3(1) of TNPPDL Act, 1992, in Crime No.417 of 2018 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 15.09.2018, the petitioner caused damage worth about Rs.14,033/- to the front glass of the four wheeler bearing Reg.No.TN-28-BW-1744 in countering the incident of riot held in Vinayagar Chathurthi Rally. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner was already released on bail and since the petitioner has not turned up for the hearing, Non-Bailable Warrant (NBW) was ordered to be issued on 27.01.2026 and the same was executed on 29.05.2026 and from onwards, he is in judicial custody. He would further submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocte (Crl.Side) appearing for the respondent would submit that due to non-appearance, the Non-Bailable 2/6

Warrant was issued against the petitioner on 27.01.2026 and the same was executed on 29.05.2026 and the petitioner has 3 previous cases and all the witnesses were already examined and now, the case in S.C.No.9 of 2022 on the file of the Chief Judicial Magistrate, Tenkasi, was posted for examination of L.W.1 to L.W.3 on 12.06.2026.

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 already the petitioner was granted bail and thereafter, due to non-appearance, NBW was issued on 27.01.2026 and the same was executed on 29.05.2025 and now, the case in S.C.No.9 of 2022 was posted for examination of L.W.1 to L.W.3 on 12.06.2026. and also considering the period of incarceration undergone by the petitioner from 29.05.2025, 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 3/6

Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Tenkasi, and on further conditions that: [b] the petitioner shall report before trial Court daily at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offence similar to the offence of which he/she is accused, or suspected, or of the commission of which he/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 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 4/6

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) 12.06.2026 dss To 1.The Chief Judicial Magistrate, Tenkasi.

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

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

5/6

P. DHANABAL,J DSS

ORDER

IN CRL OP(MD) No.10965 of 2026 Date : 12/06/2026 6/6