High Court · 2025

CRL OP(MD). No.6633 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )Date : 09/04/2025PRESENTTHE HONOURABLE MR. JUSTICE R. SAKTHIVELCRL OP(MD). No.6633 of 20251.Allavuden2.Raja Mohamed3.Basuludeen4.Masoodu5.Mani Sahul @ Sahul Hameed @ Abu Koraira6.Kamal Mohaideen ... Petitioners/Accused Nos.3, 5, 11, 13, 25 and 27 VsThe State of Tamilnadu,Rep by the Inspector of Police,Tenkasi Police Station,Tenkasi District.Crime No.461 of 2007 ... Respondent/Complainant1/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6633 of 2025 For Petitioners : Mr.SMA.Jinnah, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side)PRAYER :- To enlarge the petitioners on bail in the event of their arrest or surrender inS.C.No.02 of 2010 pending before the learned Special Additional District andSessions Judge for Communal Clash Cases, Madurai.ORDER : The Court made the following order :- This Criminal Original Petition has been filed by the petitioners on 07.04.2025under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying togrant pre-arrest bail.2. The petitioners / Accused Nos.3, 5, 11, 13, 25 and 27, apprehend arrest at thehands of the respondent-Police, who are facing trial in S.C.No.02 of 2010 pending onthe file of the learned Special Additional District and Sessions Judge for CommunalClash Cases, Madurai, for the offences punishable under Sections 147, 148, 341, 302and 307 of Indian Penal Code, 1860 in connection with Crime No.461 of 2007, on thefile of the respondent-police, seek pre-arrest bail. 3. The case of the prosecution is that due to communal clash between thepetitioners and the family members of the defacto complainant, the petitioners alongwith other accused persons unlawfully assembled at the place of occurrence on14.08.2007, at about 10.15 a.m., with deadly weapons. They allegedly attacked the2/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6633 of 2025family members of the defacto complainant with those weapons, causing grievousinjuries that led to the death of three persons and an attempted murder of twoothers. Hence, the case.4. Mr.SMA.Jinnah, learned counsel appearing for the petitioners, submits thatthe petitioners are facing trial in S.C.No.2 of 2010 before the learned SpecialAdditional District and Sessions Judge for Communal Clash Cases, Madurai. Hefurther submits that earlier the petitioners were arrested and released on bail, anddue to their non-appearance before the trial Court on 03.04.2025, non bailablewarrant was issued against the petitioners. He further submits that the petitionershave not been secured till date. He further submits that the petitioners had filed arecall petition before the trial Court, which was dismissed by the trial Judge. Hefurther submits that the petitioners had been regularly appearing before the trialCourt prior to 03.04.2025 and that the third, fifth and sixth petitioners were admittedin the hospital on 03.04.2025. He further submits that the fifth petitioner is still inhospital and taking treatment. He further submits that the sixth petitioner is an ageold person. In these circumstances, without adhering the principles of naturaljustice, the trial Court issued non bailable warrant against the petitioners. Therefore,he prays for granting pre-arrest bail to the petitioners.5. Per contra, Mr.K.Sanjai Gandhi, learned Government Advocate (Criminal3/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6633 of 2025Side) appearing for the respondent-Police, submits that if pre-arrest bail is grantedto the petitioners, they may abscond and thereby cause delay in the trial proceedingsand also may cause threat to the defacto complainant and the witnesses. Hence, hestrongly opposes to grant pre-arrest bail to the petitioners.6. Heard on both sides. This Court has perused the case file.7. Further , the petitioners have permanent residence and deep roots in thesociety, and hence, there is less possibility of absconding. In view of the submissionmade by the learned counsel for the petitioners and the reason given by thepetitioners for their non-appearance before the trial court which appears to be quitereasonable, this Court is of the opinion that one more opportunity may be granted tothe petitioners to appear before the trial Court and co-operate with the trial. Hence,this Court is inclined to grant pre-arrest bail to the petitioners, however, subject tocertain conditions. Accordingly, pre-arrest bail is granted to the petitioners subject tothe following conditions: (i) The petitioners shall be released on pre-arrest bail in the event of their arrestor in the event of their surrender before the learned Special Additional District andSessions Judge for Communal Clash Cases, Madurai, within a period of 15 daysfrom the date on which the order copy is made ready, on executing a bond for a sumof Rs.10,000/- (Rupees Ten Thousand only) each along with two sureties each for alike sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of thelearned Special Additional District and Sessions Judge for Communal Clash Cases,4/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6633 of 2025Madurai;(ii) The sureties shall affix their photographs and left thumb impression in theApplication for Suretyship [Judicial Form No.46 annexed to 'The Criminal Rules ofPractice, 2019']. The learned Special Additional District and Sessions Judge forCommunal Clash Cases, Madurai, shall obtain a copy of any one of identity proofsto ensure their identity; (iii) The petitioners shall appear and sign before the learned SpecialAdditional District and Sessions Judge for Communal Clash Cases, Madurai,weekly twice (i.e., on Monday and Friday) until further orders and shall appearbefore the trial Court on all hearing dates without fail; (iv) The petitioners shall make themselves available for interrogation by apolice officer as and when required;(v) The petitioners shall not, directly or indirectly, make any inducement,threat or promise to any person acquainted with the facts of the case so as todissuade them from disclosing such facts to the Court or to any police officer;(vi) The petitioners shall not leave India without the previous permission ofthe Court;(vii) The petitioners shall not, directly or indirectly, cause any threat to thedefacto complainant and the witnesses and shall not tamper the evidence;(viii) The petitioners shall furnish their residential address and mobile numberto the learned Special Additional District and Sessions Judge for Communal ClashCases, Madurai; and(ix) On breach of any of the aforementioned conditions, the learned SpecialAdditional District and Sessions Judge for Communal Clash Cases, Madurai, orTrial Court, as the case may be, is entitled to pass appropriate orders against the5/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6633 of 2025petitioners in accordance with law as if the aforementioned conditions are imposedby him as laid down by the Hon'ble Supreme Court in P.K. Shaji vs. State of Kerala[(2005) 13 SCC 283].8. Considering the ailments and age of the fifth and sixth petitioners, if theyfile a petition under Section 355 of BNSS, 2023, before the trial Court, the learnedtrial Judge shall consider the same in accordance with law.9. Accordingly, this Criminal Original Petition is allowed subject to theconditions stated supra. sd/- 09/04/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar (CS-I/II/III/IV) Madurai Bench of Madras High Court, Madurai - 625 023. TSG TO1.The Special Additional District and Sessions Judge for Communal Clash Cases, Madurai.6/7 https://www.mhc.tn.gov.in/judis CRL OP(MD). No.6633 of 20252.The Inspector of Police, District Crime Branch, Theni District.3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.+1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-4192[I] dated 15/04/2025 ) ORDER IN CRL OP(MD) No.6633 of 2025 Date :09/04/2025 VN/05.05 .2025 7P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7