Ashik Mohammed @ Al Ashik v. The State of Tamilnadu, Rep. by the Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/07/2026 CORAM THE HONOURABLE MR. JUSTICE K. RAJASEKAR Ashik Mohammed @ Al Ashik ... Petitioner/Accused No.1 Vs The State of Tamilnadu, Rep., By, The Inspector of Police, Dindigul Town North Police Station, Dindigul District. Cr.No. 447/2023. ... Respondent/Complainant PRAYER :- To enlarge the petitioner on bail in connection with S.C.No. 163/2023 on the file of the Learned Principal Sessions Judge, Dindigul in Crime No. 447/2023 on the file of the respondent police and thus render justice. For Petitioner : P. Parthipan, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel For State of TN (Crl.Side) ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 21.07.2023 for the offences punishable under Sections 302 @ 302, 120(b), 147, 148, 149 of IPC, in Crime No.447 of 2023 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 26.06.2023, due to previous enmity, the petitioner joining hands with the other accused brutally attacked the deceased with deadly weapons and caused death to him. Hence, case has been registered.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he was falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that this is the sixth bail petition and the earlier petitions filed by the petitioner were dismissed by this Court. He would further submit that all the eye-witnesses turned hostile and there is no incriminating material placed on record during the trial to prove the charges against the petitioner herein and he has been arrested and remanded to judicial custody on 21.07.2023. Therefore, prayed to grant bail for the petitioner.

¶4The learned Government Advocate (Crl.Side) appearing for the respondent would submit that this is the sixth bail application and the earlier petitions filed by the petitioner were dismissed by this Court and now, there is no change of circumstances. Hence, he vehemently opposed to grant bail to the petitioner.

¶5I have gone through the various statements of eye-witnesses produced before this Court, almost all of them supported the prosecution case. Apart from that, this is the sixth bail application filed by the petitioner. It is stated that the petitioner is one of the notorious gang leaders, and he has many previous cases to his credit. The bail petition filed by him in Crl.OP(MD)No.218 of 2026 was dismissed by this Court on 20.01.2026 for the following reasons:- "4. It is seen from the records that the present petition is 5th bail application, totally there are 9 accused, charge sheet has been filed, trial has started, most of the witness had turned hostile, now the case is posted on 10.02.2026. The petitioner is having 44 previous cases, including 3 brutal murder cases. There is an organized crime syndicate which is running under the head of the petitioner. In the present case, the petitioner is A1 and there is specific overt against the petitioner."

¶6Further, it has been stated by the learned counsel for the petitioner that most of the previous cases have ended in acquittal. Apart from that, one of the main case against the petitioner in Spl.SC.No.385 of 2023 on the file of the learned Sessions Judge, Special Court (POCSO Act Cases), Dindigul, has been ended in acquittal in favour of the petitioner by the order of this Court in Crl.A(ND)No.569 of 2024 dated

27.11.2025. However, since this Court has earlier rejected the very same contention made by the learned counsel for the petitioner, this Court is not inclined to grant bail to the petitioner.

¶7But the fact remains that the case is pending from the year 2023, and almost the case has reached its final stage of examination of the investigating officer. At this stage, it is appropriate to direct direct the Principal Sessions Court at Dindigul, to take effective steps to dispose of the case in S.C.No.163 of 2023 within a period of 3 months from the date of receipt of a copy of this order.

¶8With the above direction, this Criminal Original Petition stands disposed of.

01.07.2026 dss To

¶1The Principal Sessions Court at Dindigul.

¶2The Inspector of Police, Dindigul Town North Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRLoOP(MD).oNo.11733oofo2026 ooooooooooooooooooooooooooooooooK.oRAJASEKAR,J oooooooooooooooooooooooooooooooooooooooooodss oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoOP(MD)oNo.11733oofo2026 ooooooooooooooooooooooooooooooDateoo:o01/07/2026