Samsu Asaraf Deen @ Asaraf v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2025 PRESENT THE HONOURABLE MRS. JUSTICE S.SRIMATHY CRL OP(MD)No.18932 of 2025 Samsu Asaraf Deen @ Asaraf ... Petitioner Vs The State of Tamilnadu, Rep by the Inspector of Police, Thermal Nagar Police Station, Thoothukudi District.

(Crime No.215 of 2025) ... Respondent/Complainant For Petitioner : Mr.R.J.Karthick For Respondent : Mr.S.S.Manoj Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.215 of 2025 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 02.08.2025 for the offences punishable under Sections 194 of BNS @ 194(3)(IV) of BNSS @ 103(1) of BNS @ 61, 103(1), 3(5), 238, 140, 1/4

296(b) of BNS, in Crime No.215 of 2025 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner and other accused persons criminally conspired and kidnapped and murdered the deceased and on the basis of the complaint given by the Village Administrative Officer, Mullakkadu, FIR came to be registered. Hence, this case.

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 02.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Government Advocate(Crl. side) submitted that the petitioner has no previous cases and A6 was already arrested and granted bail. However, he opposed for grant of bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and the petitioner is having no previous cases and the co2/4

accused/A6 was already granted bail, 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 No.II, Thoothukudi, 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 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 daily 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 3/4

S.SRIMATHY,J.

PJL 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 SCW 5560].

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

30.10.2025 PJL To

1. The Judicial Magistrate No.II, Thoothukudi.

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

3. The Inspector of Police, Thermal Nagar Police Station, Thoothukudi District.

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

CRL OP(MD) No.18932 of 2025 4/4