Abdhul v. The State of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2026 PRESENT The HONOURABLE MR. JUSTICE K.MURALI SHANKAR Abdhul, S/o.Amjithkhan, No.304/2, Subbramaniyapuram, Vilathikulam, Thoothukudi District.. ... Petitioner/Accused No.1 Vs The State of Tamilnadu Rep By, The Inspector of Police, Vilathikulam Police Station, Thoothukudi, Cr.No.332 of 2025.. ... Respondent/Complainant For Petitioner :Mr. A.Arun Ramnath, Advocate. For Respondent : Mr.N.Balasubramanian, Counsel for State of TN (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- C-8B.To release the petitioner on bail towards his arrest in S.C.No.311 of 2026 on the file of the I Additional District and Sessions Judge, Thoothukudi in Cr.No.332 of 2025 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 07.09.2025 for the offences punishable under Sections 3(5), 296(b), 109(1), 115(2) and 351(3) of BNS, 2023, in S.C.No.311 of 2026 on the file of the I Additional District and Sessions Judge, Thoothukudi, in connection with Crime No.332 of 2025, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 06.09.2025, while the petitioner and the defacto complainant were consuming alcohol, there was a wordy altercation and the petitioner along with other accused abused the defacto complainant in filthy language and attacked him with Aruval and caused injuries to him. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the injured has been discharged from the hospital. The petitioner is in judicial custody from 07.09.2025. Hence, he prayed to grant bail to the petitioner.

4.The learned Counsel for State of Tamil Nadu (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the investigation has already been completed and charge sheet came to be filed and the same was taken on file in S.C.No.311 of 2026, by the learned I Additional District and Sessions Judge, Thoothukudi and the case stands posted to 08.10.2026 for the appearance of the accused. He would further submit that the petitioner has five previous cases to his credit. Though the injured person has already been discharged from the hospital, considering the grave nature of offence, he strongly opposed to grant bail to the petitioner.

5.Considering the above facts and circumstances, nature of offence levelled against the petitioner and also the facts that the petitioner is in judicial custody from 07.09.2025; that the petitioner is having five previous cases but the same do not involve heinous or serious offence and that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, this Criminal Original Petition is allowed and 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 I Additional District and Sessions Judge, Thoothukudi, and on further condition 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 report before the learned I Additional District and Sessions Judge, Thoothukudi, on all working days at 10.30 a.m.,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 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)

20.08.2026 VSG TO

1.The learned I Additional District and Sessions Judge, Thoothukudi.

2.The Superintendent, Central Prison, Palayamkottai.

3.The Inspector of Police, Vilathikulam Police Station, Thoothukudi.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J., vsg ORDER IN CRL OP(MD) No.18086 of 2026 Date : 20/08/2026