Faisal Rahuman v. State Rep by

ORDER This Criminal Original Petition has been filed by the petitioner on

12.05.2026 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to grant bail.

¶2The petitioner was arrested and remanded to judicial custody on

27.03.2026 for the alleged offences punishable under Sections 310(4), 310(5) of BNS, 2023 and 8(c), 20(b)(ii)(a) & 22(a) & 29(1) of NDPS Act, in Crime No.101 of 2026, on the file of the respondent police.

¶3The case of the prosecution is that on 27.03.2026, the defacto complainant arrived near a yard at around 06.15 in the morning and saw hooligans there. Three people were entering Tondiarpet hideout. Defacto complainant became suspicious and went to them to find out who they were and why they gathered together. When defacto complainant went to them from behind, the petitioner and other accused gathered and were talking to commit some criminal act and they had weapons like knifes, rolling pins and ropes that could endanger human life. Petitioner and other accused threatened the people who came from outside to collect oil in oil tankers and traders who were taking money for business. Gang leader was telling petitioner and other accused how to execute the plan to rob and escape and that petitioner had to execute it right away. The petitioner and other accused there agreed to it. Furthermore, in the confessional statement given by A1, it was stated that A-2 who was with him was used ganja and narcotics, narcotic tablets that were banned by the Government and found that there were about 20 grams of cannabis and 7 Nitrazepam tablets 5.31 grams of narcotic tablets and they were recovered from A-2. Hence, the case.

¶4The learned counsel for the petitioner submits that the petitioner is an innocent person and has not committed any offence as alleged by the prosecution. He further submitted that there was no recovery from the petitioner and the petitioner is in judicial custody since 27.03.2026. Accordingly, he prayed to grant bail to the petitioner.

¶5The learned Counsel for Government of Tamil Nadu (Criminal side) appearing for the respondent police submitted that the petitioner has nine previous cases, out of which one is of NDPS Act. Hence, he prayed to dismiss this Criminal Original Petition.

¶6Heard on both sides. This Court has perused the records.

¶7The petitioner is arrayed as A4 and at the time of arrest, ganja (small quantity) was recovered by the respondent police. Though there are previous cases, the petitioner was arrested on 27.03.2026 and has been incarcerated for the past 25 days. The petitioner has permanent residence and deep roots in the society. Hence, there is less possibility of absconding. Hence, considering the above reasons, with a view to give one more opportunity to reform himself and also considering the nature of the offence allegedly committed by the petitioner, this Court is inclined to grant bail to the petitioner, however subject to conditions. Accordingly, bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) along with two sureties each for a like sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the satisfaction of the XVI Metropolitan Magistrate, G.T.Court, Chennai

(ii) The sureties shall affix their photographs and left thumb impression in the Application for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned XVI Metropolitan Magistrate, G.T.Court, Chennai shall obtain a copy of any one of their identity proofs to ensure their identity;

(iii) The petitioner shall appear and sign before the respondent-police daily at 10.00 a.m. and 05.00 p.m. until further orders.

(iv) The petitioner shall not, directly or indirectly, cause any threat to the defacto complainant and witnesses; and

(v) On breach of any of the aforementioned conditions, the learned XVI Metropolitan Magistrate, G.T.Court, Chennai is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions are imposed by thems as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005)13 SCC 283].

¶8Accordingly, this Criminal Original Petition is allowed subject to the conditions stated supra.

22.05.2026 lok/dm Note: 1. Registry is directed to forthwith upload this order in the official website of this Court.

¶2All concerned to act on this order being uploaded in official website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this Court will be watermarked and will also have a QR code. R.SAKTHIVEL.J., lok/dm To

1.XVI Metropolitan Magistrate, G.T.Court, Chennai

2.Inspector of Police, H-6 R.K.Nagar Police Station, Chennai

3.The Superintendent, Central Prison, Puzhal.

4.The Public Prosecutor, High Court, Madras. Crl.O.P.No.12653 of 2026

22.05.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.05.2026 CORAM: THE HON'BLE MR.JUSTICE R.SAKTHIVEL Crl.O.P.No.12653 of 2026 Faisal Rahuman S/o. Mohammed Rafik ...Petitioner/A4 Vs. The State of Tamil Nadu, Rep. By the Inspector of Police, H-6 R.K.Nagar Police Station, Chennai ...Respondent For petitioner : Mr.A.Venkateswara Babu For Respondent : Mr. R.Ganesh Kumar, Counsel for Government of Tamil Nadu (criminal side) PRAYER: Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to enlarge the petitioner on bail pending investigation of the case connected with the crime No.101 of 2026 (on the file of the Inspector of Police, H-6 R.K.Nagar Police Station, Chennai