Ibramsha v. The State Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02.09.2025 PRESENT The HONOURABLE MRS.JUSTICE S.SRIMATHY Ibramsha ... Petitioner Vs.
State of Tamil Nadu, Represented by the Inspector of Police, Sethupavasathiram Police Station, Thanjavur District.
(Crime No.220 of 2000) ... Respondent For Petitioner : Mr.K.Mahendran For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023. PRAYER :- For Bail in Cr.No. 220 of 2000 on the file of the respondent police. ORDER: The Court made the following order :- The petitioner/Accused No.10, who was arrested and remanded to judicial custody on 08.08.2025 for the offences punishable under Sections 147, 148, 353, 332, 307 and 506(ii) of I.P.C. in Crime No.220 of 2000, on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the a case was registered by the respondent 1/4
police against the petitioner and others. Thereafter, the case was taken on file by the III Additional District and Sessions Court, Thanjavur at Pattukkottai. The petitioner did not appear before the Trial Court. Hence, non bailable warrant was issued and based on that, the petitioner was remanded and is under judicial custody from 08.08.2025. Hence, this case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail from 08.08.2025. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent police opposed for grant of bail on the ground that the petitioner has absconded for more than 5 years and if he is released on bail, the Trial would be affected. 5.Considering the facts and circumstances and considering the duration of the custody, this Court is inclined to grant bail to the petitioner on certain conditions.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing 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 III Additional District and Sessions Court, Thanjavur at Pattukkottai, and on further conditions that, 2/4
a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; b)the petitioner shall report before the Magistrate/concerned court daily at 10.30 a.m., until further orders;
c)the petitioner shall not tamper with evidence or witness; d)the petitioner shall not abscond during 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 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]. f) If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
sd/- 02/09/2025 / TRUE COPY / /2025 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
3/4
tmg TO 1 The III Additional District And Sessions Judge, Thanjavur at Pattukkottai. 2 The Officer Incharge, Sub Jail Thanjavur. 3 The Inspector of Police, Sethupavasathiram Police Station, Thanjavur District. 4.The Additional Public Prosecutor, Madurai Bench Of Madras High Court, Madurai.
+1 CC to M/s.K.MAHENDRAN, Advocate ( SR-9530[I] dated 02/09/2025 )
ORDER
IN CRL OP(MD) No.14310 of 2025 Date :02/09/2025 NBF/03/09/2025/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4