Shifaudeen v. The State Rep by the Inspector of Police

ORDER The petitioner, who was arrested and remanded to judicial custody on

04.07.2026 for the alleged offence under Sections 115(2), 118(1), 296(b) and 351(3) of BNS, in Crime No.155 of 2026 on the file of the respondent police, seeks bail. Page2 of 5

¶2The case of the prosecution is that the petitioner, who is the neighbour of the de-facto complainant, picked a quarrel with him when the latter intervened in the petitioner's quarrel with his pregnant wife. Thereafter, the petitioner and the other accused assaulted the de-facto complainant, causing injuries, for which he was hospitalized. It is further alleged that the petitioner and his mother threatened the de-facto complainant with dire consequences.

¶3The learned counsel appearing for the petitioner submitted that the petitioner has been arrested and remanded to judicial custody since 04.07.2026. He further submitted that this is the first bail petition filed by the petitioner and that he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner was admitted in the Hospital and later he was discharged from the hospital. He further submitted that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

¶4Per contra, the learned Government Advocate (Criminal Side) appearing for the Respondent Police reiterated the prosecution case and submitted that 11 previous cases are pending against the petitioner. He further submitted that the petitioner is in judicial custody since 04.07.2026 and the petitioner has no criminal antecedents. He further submitted that the investigation has been completed. Hence, he strongly opposed to grant of bail to the petitioner. Page3 of 5

¶5I have given my anxious consideration to either side submissions and perused the materials available on record.

¶6Considering the nature of the allegations, the fact that the petitioner was also admitted in the hospital and thereafter discharged, the fact that the investigation was also completed and also considering the period of long incarceration of the petitioner, this Court is inclined to grant bail to the petitioner, subject to certain conditions.

¶7Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate – VII, Coimbatore, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety ship [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs 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 abscond either during investigation or trial; [d] the petitioner shall not tamper with the evidence or witness either during investigation or trial; [e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with Page4 of 5 law as if the aforementioned 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)13 SCC 283]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S. 24-08-2026 nvi Note:

¶1Registry 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 the official website of this Court will be watermarked and will also have a QR code. To

1.The Judicial Magistrate – VII, Coimbatore.

¶2The Inspector of Police D4 Kuniyamuthur Police Station, Coimbatore District.

3.The Superintendent, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras. CRLoOPoNo.o23701oofo2026 N.RAMESH,oJ. nvi CRLoOPoNo.o23701oofo2026 24-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-08-2026 CORAM THE HON'BLE MR.JUSTICE N.RAMESH Shifaudeen, S/o.Musthafa, 6B, Kuniyamuthur, Mettu Kadu, Narasimmapuram, Coimbatore South, Coimbatore District. ...Petitioner/A1 Vs The State Rep by its, The Inspector of Police D4 Kuniyamuthur Police Station, Coimbatore District. ...Respondent/Complainant Crime No.155 of 2026. PRAYER : Criminal Original Petition filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail in Crime No.155 of 2026, on the file of the Respondent Police. For Petitioner(s): Mr.W.Camyles Gandhi For Respondent(s): Mr.M.M.I.Khaleel, Govt.Advocate (Crl.Side)