Syed Ali v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.08.2026 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Syed Ali

... Petitioner/ Accused No.2

Vs The State of Tamil Nadu represented by The Inspector of Police, Karimedu Police Station, Madurai District. (Crime No.711 of 2021)

... Respondent/ Complainant For Petitioner : Mr.M.Bazeerdeen, Advocate For Respondent : Mr.T.Lenin Kumar, Counsel for State of TN(Crl.Side) PETITION FOR BAIL Under Section 483 of B.N.S.S. PRAYER :- For Bail in connection with the case in C.C.No.101 of 2022 before the Special Court for Communal Clash Cases, Madurai, in Crime No.711 of 2021 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner / second accused is facing a case for the offences punishable under Sections 8(c) r/w 20(b)(ii)(B) and 29(i) of NDPS Act r/w Section 83(2) of the Juvenile Justice Act in C.C.No.101 of 2022, on the file of the Special Court for Communal Clash Cases, Madurai, in Crime No.711 of 2021, on the file of the respondent police, seeks bail.

¶2It is evident from the records that since the petitioner has not turned up for the hearing on

10.03.2026, Non-Bailable Warrant was ordered to be issued and the same was executed on 15.06.2026 and the petitioner is in judicial custody till now.

¶3The learned counsel appearing for the petitioner would submit that the petitioner was arrested on 04.03.2026 in connection with the case in Spl.S.C.No.51 of 2016 pending on the file of the Special Court for POCSO Act cases, Madurai and subsequently, he was released on bail on 28.05.2026 and hence, he could not appear before the trial Court for the hearing on 10.03.2026.

¶4The learned Counsel for State of TN (Criminal Side) would submit that Non-Bailable Warrant was ordered to be issued for the first time against the petitioner and that the case is pending for trial.

¶5Considering the above facts and circumstances and also taking note of the fact that the petitioner was in judicial custody in connection with other case when Non-Bailable Warrant came to be issued and the same was ordered to be issued for the first time, this Court is inclined to grant bail to the petitioner subject to the following conditions:

¶6Accordingly, 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 Special Court for Communal Clash Cases, Madurai and on further conditions that:

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate / concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity;

(ii)the petitioner shall appear before the trial Court at 10.30 a.m., on all working days until further orders;

(iii)the petitioner shall not tamper with evidence or witness;

(iv)the petitioner shall not abscond during trial;

(v)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].

(vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 269 BNS, 2023. (K M S J)

21.08.2026 CSM TO

¶1The Judge, Special Court for Communal Clash Cases, Madurai.

¶2The Superintendent, Central Prison, Madurai.

¶3The Inspector of Police, Karimedu Police Station, Madurai District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J CSM ORDER IN CRL OP(MD) No.17466 of 2026 Date : 21.08.2026