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Madras High CourtCRL OP(MD)/20829/2025granted

Mohamed Meeran Hussain v. State Of Tamilnadu Rep By Inspector Of Police, Thermal Nagar

2025-11-20Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/11/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mohamed Meeran Hussain ... Petitioner/Accused No.2 Vs State of Tamilnadu Rep by, The Inspector of Police, Thermalnagar Police Station, Thoothukudi District.

Crime No.215 of 2025 ... Respondent/Complainant For Petitioner : Dr.R.Alagumani For Respondent : Mr.E.Antony Sahaya Prabahar, Government Advocate (Crl.Side) 1/6

PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner on bail relating to the case in P.R.C.No.206 of 2025 on the file of the leanred Judicial Magistrate Court No.II, Thoothukudi, 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, 2023, subsequently, altered into Sections 194(3)(IV) of BNS @ 103(1) of BNS, @ 140, 296(b), 238, 61, 3(5), 103(1), 351(3) 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 defacto complainant, a Village Administrative Officer of Mullakkadu, received information that a person had been killed and buried behind the SEPL company. Hence, the complaint.

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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 co-accused persons have already been granted bail and that the petitioner is in judicial custody from 02.08.2025. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that the accused persons killed and buried the deceased. He further submitted that the charge sheet has been filed.

5. Taking into consideration the fact that the co-accused have already been granted bail, the charge sheet has been filed 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) with two sureties, each for a like sum to the satisfaction of the learned 3/6

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 trial Court 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 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].

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

(S S Y J) 20.11.2025 jbr TO

1. The Judicial Magistrate No.II, Thoothukudi.

2. The Superintendent, District Jail, Perurani.

3. The Inspector of Police, Thermalnagar Police Station, Thoothukudi District.

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

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S.SRIMATHY,J jbr

ORDER

IN CRL OP(MD) No.20829 of 2025 Date : 20/11/2025 6/6